Updated: 10/11/2026 05:05 AM
Case Title: Doherty v. Borrows, et al.Assigned To: Judge Roy K. AltmanFiled: 12/12/23Terminated: 03/20/25Nature of Suit: 540 Mandamus & OtherCause: 28:1361 Petition for Writ of Mandamus
| Plaintiff: Keith Robert Doherty | represented by | Keith Robert Doherty 202600000988 John E. Polk Correctional Facility 211 Eslinger Way Sanford, FL 32773 keithdoherty5@gmail.com PRO SE |
| Defendant: Wellspath Medical Provider Medical Providers for St. Lucie Detention Center TERMINATED:01/23/2024 | ||
| Defendant: Wellspath Medical Provider Jane Doe, Nurse TERMINATED:01/23/2024 | ||
| Defendant: St. Lucie County in Official Capacity TERMINATED:01/23/2024 | ||
| Defendant: St Lucie County Jail Medical Director Adam Sterlace TERMINATED:01/23/2024 | ||
| Defendant: Mark Phillips Sergeant | represented by | Andrew William Jolly Purdy, Jolly, Giuffreda & Barranco, P.A. 2455 E. Sunrise Blvd. Suite 1216 Ft. Lauderdale, FL 33304 954-336-8592 andrew@purdylaw.com |
| Defendant: Mark Borrow Deputy, in his Individual and Offical Capacity | represented by | Andrew William Jolly Purdy, Jolly, Giuffreda & Barranco, P.A. 2455 E. Sunrise Blvd. Suite 1216 Ft. Lauderdale, FL 33304 954-336-8592 andrew@purdylaw.com |
| Defendant: Major Petri Hayze Chief Administator, in his Individual and Official Capacity TERMINATED:01/23/2024 | ||
| Defendant: John Doe Sergeant TERMINATED:01/23/2024 |
| Case Number | Filed | Entered | Document Number | Docket Text |
|---|---|---|---|---|
| 2:23-cv-14395-RKA | 12/12/23 | 12/13/23 | 1 | Petition (Complaint) for Writ of Mandamus against Major Hayze. Filing fee $ 405.00 (IFP Motion filed), filed by Keith Robert Doherty. (Attachments: # (1) Civil Cover Sheet, # (2) Certification of Emergency, # (3) Exhibit)(kma) (Entered: 12/13/23) |
| 2:23-cv-14395-RKA | 12/12/23 | 12/13/23 | 2 | Judge Assignment to Judge Roy K. Altman (kma) (Entered: 12/13/23) |
| 2:23-cv-14395-RKA | 12/12/23 | 12/13/23 | 3 | MOTION for Leave to Proceed in forma pauperis by Keith Robert Doherty. (kma) (Entered: 12/13/23) |
| 2:23-cv-14395-RKA | 12/19/23 | 12/19/23 | 4 | ORDER TO AMEND. By January 17, 2024, the Plaintiff must file an amended complaint. Doherty's request for mandamus relief, and his claims against St. Lucie County and the St. Lucie County Detention Center, are DISMISSED with prejudice. The Plaintiff's IFP Motion [ECF No. [3] ] is DENIED without prejudice. The Plaintiff shall file a new IFP motion (attaching the six-month account statement) or pay the filing fee by January 17, 2024. The Clerk's Office shall administratively CLOSE this case. Signed by Judge Roy K. Altman on 12/19/2023. See attached document for full details. (Attachments: # (1) Exhibit Complaint for Violation of Civil Rights (Prisoner) Form, # (2) Exhibit IFP Form) (cps) (Entered: 12/19/23) |
| 2:23-cv-14395-RKA | 01/22/24 | 01/22/24 | 5 | AMENDED COMPLAINT against Doe Burrows, John Doe, Major Petri Hayze, and St. Lucie County, filed by Keith Robert Doherty.(wce) (Entered: 01/22/24) |
| 2:23-cv-14395-RKA | 01/22/24 | 01/22/24 | 6 | MOTION for Leave to Proceed in forma pauperis by Keith Robert Doherty. (wce) (Entered: 01/22/24) |
| 2:23-cv-14395-RKA | 01/23/24 | 01/23/24 | 7 | ORDER: The Plaintiff's amended motion to proceed in forma pauperis [ECF No. [6]] is GRANTED. The Plaintiff shall owe the United States $350.00, which the Plaintiff must pay to the Clerk of Court as funds become available. Doherty's claims against Dr. John Doe and the two Nurse Jane Does are DISMISSED without prejudice. Doherty's remaining claims are DISMISSED with prejudice for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915A(b). The Clerk shall TERMINATE St. Lucie County, Major Hayze, Wellpath, Dr. John Doe, the two Nurse Jane Does, and Adam Sterlace from this action. The Clerk SHALL send a copy of this Order to the St. Lucie County Jail's Inmate Trust Fund Department and this Court's Financial Department. This case shall remain CLOSED. Any party may move to reopen the case once all remaining Defendants have been served. Signed by Judge Roy K. Altman on 1/23/2024. See attached document for full details. (wce) (Entered: 01/23/24) |
| 2:23-cv-14395-RKA | 01/23/24 | 01/23/24 | 8 | CLERK'S NOTICE Per Order at DE [7], Additional Notice of Electronic Filing (NEF) sent to Financial Clerk. (wce) (Entered: 01/23/24) |
| 2:23-cv-14395-RKA | 01/23/24 | 01/23/24 | 9 | NOTICE of Compliance per Order at DE [7], The Clerk has sent a copy of the Order to the St. Lucie County Jail's Inmate Trust Fund Department, at the address on the Order, and this Court's Financial Department, at DE [8]. (wce) (Entered: 01/23/24) |
| 2:23-cv-14395-RKA | 01/23/24 | 01/23/24 | 10 | ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Judge Roy K. Altman on 1/23/2024. See attached document for full details. (wce) (Entered: 01/23/24) |
| 2:23-cv-14395-RKA | 01/23/24 | 01/24/24 | 11 | ORDER: re [5] Amended Complaint filed by Keith Robert Doherty. Accordingly, we INSTRUCT the Clerk's Office to process and send the summonses to the U.S. Marshal for service. Upon receipt of the Amended Complaint and summonses, the United States Marshal SHALL promptly complete serviceby serving the Amended Complaint [ECF No. [5]], the Screening Order [ECF No. [7]], this Order, and a copy of the docket sheeton the following Defendants: Deputy Burrows and Sergeant Phillips. The Marshal SHALL immediately file proof of service with the Clerk of Court. Signed by Judge Roy K. Altman on 1/23/2024. See attached document for full details. (wce) (Entered: 01/24/24) |
| 2:23-cv-14395-RKA | 01/24/24 | 01/24/24 | 12 | Summons Issued as to Doe Burrows, and Doe Phillips per Order at DE [11]. (Attachments: # (1) Summons)(wce) (Entered: 01/24/24) |
| 2:23-cv-14395-RKA | 01/24/24 | 01/24/24 | 13 | NOTICE of Compliance: per Order at DE [11], the Clerk has prepared a packet for the Marshall's to service Defendants: Deputy Burrows and Sergeant Phillips. The Packet was prepared and placed in the Marshall's box in Fort Pierce. (wce) (Entered: 01/24/24) |
| 2:23-cv-14395-RKA | 02/12/24 | 02/12/24 | 14 | SUMMONS (Affidavit) Returned Executed on [5] Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12. Doe Burrows served on 2/9/2024, response/answer due 3/1/2024. (wce) (Entered: 02/12/24) |
| 2:23-cv-14395-RKA | 02/12/24 | 02/12/24 | 15 | SUMMONS (Affidavit) Returned Executed on [5] Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12. Doe Phillips served on 2/9/2024, response/answer due 3/1/2024. (wce) (Entered: 02/12/24) |
| 2:23-cv-14395-RKA | 02/20/24 | 02/20/24 | 16 | Motion For Issuance of Subpoena of Videos by Keith Robert Doherty. (wce) Modified Text on 2/20/2024 (wce). (Entered: 02/20/24) |
| 2:23-cv-14395-RKA | 02/20/24 | 02/20/24 | 17 | PAPERLESS ORDER denying [16] Motion for Issuance of Subpoena without prejudice. The Plaintiff may refile this motion once the Defendants have been served and once discovery begins after we issue our scheduling order. Signed by Judge Roy K. Altman on 2/20/2024. (cps) (Entered: 02/20/24) |
| 2:23-cv-14395-RKA | 03/01/24 | 03/01/24 | 18 | NOTICE of Attorney Appearance by Andrew William Jolly on behalf of Doe Burrows, Doe Phillips. Attorney Andrew William Jolly added to party Doe Burrows(pty:dft), Attorney Andrew William Jolly added to party Doe Phillips(pty:dft). (Jolly, Andrew) (Entered: 03/01/24) |
| 2:23-cv-14395-RKA | 03/01/24 | 03/01/24 | 19 | ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand [ECF 5] by Doe Burrows, Doe Phillips. (Jolly, Andrew) (Entered: 03/01/24) |
| 2:23-cv-14395-RKA | 03/04/24 | 03/04/24 | 0 | Case reopened per Order [ECF No. [20] ]. (cps) (Entered: 03/04/24) |
| 2:23-cv-14395-RKA | 03/04/24 | 03/04/24 | 20 | ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 3/24/2025 in Miami Division before Judge Roy K. Altman. Calendar Call set for 3/18/2025 1:30 PM in Miami Division before Judge Roy K. Altman. Amended Pleadings due by 4/19/2024. Joinder of Parties due by 4/19/2024. Discovery due by 11/26/2024. Expert Discovery due by 11/26/2024. Fact Discovery due by 11/26/2024. Mediation Deadline 12/10/2024. Dispositive Motions due by 12/18/2024. Motions due by 12/18/2024. In Limine Motions due by 2/17/2025. Pretrial Stipulation due by 3/10/2025. ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Pretrial Non-Dispositive Matters. Signed by Judge Roy K. Altman on 3/4/2024. See attached document for full details. (wce) Pattern Jury Instruction Builder - To access the latest, up to date changes tothe 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 03/04/24) |
| 2:23-cv-14395-RKA | 03/04/24 | 03/04/24 | 21 | STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 3/4/2024. See attached document for full details. (dc00) (Entered: 03/04/24) |
| 2:23-cv-14395-RKA | 03/21/24 | 03/21/24 | 22 | Leave to Amended Caption by Keith Robert Doherty. Responses due by 4/4/2024. (wce) (Entered: 03/21/24) |
| 2:23-cv-14395-RKA | 03/21/24 | 03/21/24 | 23 | MOTION for Discovery/Notice of Demand for Video and Documents for Discovery and Inspection Pursuant to FREP J6 by Keith Robert Doherty. Responses due by 4/4/2024. (wce) (Entered: 03/21/24) |
| 2:23-cv-14395-RKA | 03/21/24 | 03/21/24 | 24 | PAPERLESS ORDER granting [22] Motion for Leave to Amend Caption. The Clerk shall correct the caption to indicate that the Defendants in this action are Deputy Mark Borrow and Sergeant Mark Phillips. The style of the case moving forward shall be Keith Robert Doherty v. Deputy Mark Borrow, et al. Signed by Judge Roy K. Altman on 3/21/2024. (cps) (Entered: 03/21/24) |
| 2:23-cv-14395-RKA | 03/22/24 | 03/22/24 | 25 | NOTICE by Mark Borrow, Mark Phillips re [20] Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, (Jolly, Andrew) (Entered: 03/22/24) |
| 2:23-cv-14395-RKA | 03/25/24 | 03/25/24 | 26 | PAPERLESS ORDER setting court-mandated settlement conference. Our Local Rules require litigants to attend mediation no later than sixty (60) days before the scheduled trial date. See S.D. Fla. L.R. 16.2(d)(1). Counsel for the Defendants have filed a "Notice" informing us that the Plaintiff, a pro se prisoner who is proceeding in forma pauperis, "would not be able to split the costs which would be required to schedule... mediation[.]" Notice [ECF No. [25] ] at 1-2. However, both parties "agreed that a suitable alternative to mediation would be to request that the Court schedule a court mandated settlement conference in front of a Magistrate Judge." Id. at 2. We agree that a settlement conference with the magistrate judge is a viable alternative to mediation. Accordingly, the parties are instructed to contact Magistrate Judge Bruce E. Reinhart's chambers by April 5, 2024, to set a settlement conference at a time that is agreeable to both the parties and Magistrate Judge Reinhart. The settlement conference must be held before December 10, 2024, and may be conducted telephonically, remotely, or by any other method Magistrate Judge Reinhart finds proper. Signed by Judge Roy K. Altman on 3/25/2024. (cps) (Entered: 03/25/24) |
| 2:23-cv-14395-RKA | 03/28/24 | 03/28/24 | 0 | Set Deadline per DE#28 as to [27] MOTION for Protective Order. Responses due by 4/1/2024. (scn) (Entered: 03/28/24) |
| 2:23-cv-14395-RKA | 03/28/24 | 03/28/24 | 27 | MOTION for EMERGENCY Protective Order by Keith Robert Doherty. (wce) (Entered: 03/28/24) |
| 2:23-cv-14395-RKA | 03/28/24 | 03/28/24 | 28 | PAPERLESS ORDER requiring the Defendants to file a Response to the Plaintiff's Motion for Emergency Protective Order [ECF No. [27] ]. The response shall be due no later than 5:00 p.m. on Monday, April 1, 2024. Signed by Judge Roy K. Altman on 3/28/2024. (cps) (Entered: 03/28/24) |
| 2:23-cv-14395-RKA | 04/01/24 | 04/01/24 | 29 | RESPONSE to Motion re [27] MOTION for Protective Order filed by Mark Borrow, Mark Phillips. Replies due by 4/8/2024. (Attachments: # (1) Exhibit A- Records from recent convictions, # (2) Exhibit B- Plaintiff's Jail Records, #(3) Exhibit C-Letter from IA Division-SLCSO)(Jolly, Andrew) (Entered: 04/01/24) |
| 2:23-cv-14395-RKA | 04/04/24 | 04/04/24 | 30 | ORDER denying [27] Motion for Protective Order. Signed by Judge Roy K. Altman on 4/4/2024. See attached document for full details. (pcs) (Entered: 04/04/24) |
| 2:23-cv-14395-RKA | 04/16/24 | 04/16/24 | 31 | REPLY to Defendant's [29] Response for [27] Emergency Protective Order filed by Keith Robert Doherty. (wce) (Entered: 04/16/24) |
| 2:23-cv-14395-RKA | 04/18/24 | 04/18/24 | 32 | NOTICE of Change of Address by Keith Robert Doherty. (Address has been updated and a Copy of the Docket Sheet was mailed to the Plaintiff). (wce) (Entered: 04/18/24) |
| 2:23-cv-14395-RKA | 04/18/24 | 04/18/24 | 33 | PAPERLESS ORDER denying [23] Motion for Discovery. Pursuant to Local Rule 26.1(b), requests for discovery are to be served and not filed. Signed by Magistrate Judge Bruce E. Reinhart on 4/18/2024. (dc00) (Entered: 04/18/24) |
| 2:23-cv-14395-RKA | 04/19/24 | 04/19/24 | 34 | MOTION to Take Deposition from Plaintiff, Keith Robert Doherty by Mark Borrow, Mark Phillips. (Jolly, Andrew) (Entered: 04/19/24) |
| 2:23-cv-14395-RKA | 04/26/24 | 04/26/24 | 35 | STRICKEN PER DE#36 - AMENDED COMPLAINT against Mark Borrow, and Mark Phillips filed in response to Order Granting Motion for Leave at DE [24]., filed by Keith Robert Doherty.(wce) Modified text on 4/29/2024 (scn). (Entered: 04/26/24) |
| 2:23-cv-14395-RKA | 04/26/24 | 04/26/24 | 36 | PAPERLESS ORDER STRIKING [35] Second Amended Complaint. The Plaintiff cannot file a second amended complaint at this stage of the proceedings without filing a motion for leave to amend. See Fed. R. Civ. P. 15(a)(2); S.D. Fla. L.R. 15.1. Evenif the Plaintiff had complied with Rule 15, we would not have allowed the Plaintiff to amend because the proposed second amended complaint is a shotgun pleading that does not comply with the Federal Rules of Civil Procedure. See Second Amended Complaint [ECF No. [35] ] at 3 (adopting all of the preceding paragraphs and portions of the Amended Complaint [ECF No. [5] ]); see also Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1321 (11th Cir. 2015) (holding that "a complaint containing multiple counts where each count adopts the allegations of all preceding counts" is an impermissible shotgun pleading). Signed by Judge Roy K. Altman on 4/26/2024. (cps) (Entered: 04/26/24) |
| 2:23-cv-14395-RKA | 05/06/24 | 05/06/24 | 37 | PAPERLESS ORDER granting [34] the Defendants' Motion to Take Deposition of a Confined Person (the "Motion"). The Defendants, Mark Borrows and Mark Phillips, seek to depose the Plaintiff, Keith Robert Doherty, who is "currently housed at Central Florida Reception Center, 7000 H C Kelley Road, Orlando, FL 32831." Motion §§ 1-2. Rule 30 of the Federal Rules of Civil Procedure provides that "[a] party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2)... if the deponent is confined in prison." Fed. R. Civ. P. 30(a)(2)(B). Because the Plaintiff's testimony is "clearly relevant to the claims and defenses in this action,"Order Granting Mot. to Depose Incarcerated Pl., Gomez v. Captain Vernon, et. al., 22-cv-14275 (S.D. Fla. Apr. 13, 2023) (Becerra, Mag. J.), ECF No. 35 at 1, we hereby ORDER that the Motion is GRANTED. Counsel for the Defendants shall coordinate Mr. Doherty's deposition with the administration office for Central Florida Reception Center or with administration at the facility where he is transferred. Signed by Judge Roy K. Altman on 5/6/2024. (lcr) (Entered: 05/06/24) |
| 2:23-cv-14395-RKA | 05/20/24 | 05/20/24 | 38 | Order Setting Settlement Conference via Zoom for 11/25/2024 at 11:00 AM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 5/20/2024. See attached document for full details. (vbi) (Entered: 05/20/24) |
| 2:23-cv-14395-RKA | 05/23/24 | 05/23/24 | 39 | Notice to Strike Objections and Motion to Compel and Sanctions. by Keith Robert Doherty. (wce) (Entered: 05/23/24) |
| 2:23-cv-14395-RKA | 05/31/24 | 05/31/24 | 0 | Set Deadline per DE#40 as to [39] MOTION to Compel Discovery MOTION Notice to Strike Objections and Motion to Compel and Sanctions. Responses due by 6/14/2024. (scn) (Entered: 05/31/24) |
| 2:23-cv-14395-RKA | 05/31/24 | 05/31/24 | 40 | PAPERLESS ORDER taking under advisement [39] Plaintiff's Motion to Compel Discovery. The Court waives the discovery dispute procedures identified in the Court's [21] Standing Discovery Order in light of the fact that Plaintiff is incarcerated. Defendants are hereby ordered to respond to Plaintiff's motion no later than 6/14/24. Signed by Magistrate Judge Bruce E. Reinhart on 5/31/2024. (vbi) (Entered: 05/31/24) |
| 2:23-cv-14395-RKA | 06/11/24 | 06/11/24 | 41 | RESPONSE in Opposition re [39] MOTION to Compel Discovery MOTION Notice to Strike Objections and Motion to Compel and Sanctions. filed by Mark Borrow, Mark Phillips. Replies due by 6/18/2024. (Attachments: # (1) Exhibit A- Plaintiff's First Video and Documents for Discovery (RFP) and Defendants' Responses, # (2) Exhibit B-Defendants' Supplemental Responses to Plaintiff's First Request for Production, # (3) Exhibit C- IA Summary)(Jolly, Andrew) (Entered: 06/11/24) |
| 2:23-cv-14395-RKA | 06/11/24 | 06/11/24 | 42 | MOTION to Compel Responses to Request for Production and Answers to Interrogatories by Mark Borrow, Mark Phillips. Responses due by 6/25/2024. (Attachments: # (1) Exhibit A-Borrow's First Set of Interrogatories to Plaintiff, Doherty, # (2) Exhibit B-Defendants' Borrow and Phillips's First Request for Production to Plaintiff, Doherty, # (3) Exhibit C- Letter re Outstanding Discovery, # (4) Exhibit D- Plaintiff's Responses to Defendants 1st RFP and Interrogatories)(Jolly, Andrew) (Entered: 06/11/24) |
| 2:23-cv-14395-RKA | 06/18/24 | 06/18/24 | 43 | NOTICE of Change of Address by Keith Robert Doherty. (wce) (Entered: 06/18/24) |
| 2:23-cv-14395-RKA | 07/08/24 | 07/08/24 | 44 | PAPERLESS ORDER Granting in Part and Denying in Part [39] construed to be Plaintiff's Motion to Compel Discovery and for Sanctions. Defendants are ordered to produce all non-privileged: (1) internal communications, (2) audio and video recordings, and (3) internal reports relating to the incidents in question no later than 8/7/2024. To the extent that Defendants have already complied, Defendants may file a notice of compliance. To the extent that Defendants have any legal objections to the Court's order, they may raise them no later than 7/18/2024. Signed by Magistrate Judge Bruce E. Reinhart on 7/8/2024. (vbi) (Entered: 07/08/24) |
| 2:23-cv-14395-RKA | 07/08/24 | 07/08/24 | 45 | PAPERLESS ORDER granting in part and denying in part [42] Defendants' Motion to Compel Discovery. The Pro Se Plaintiff is ordered to respond to Defendants' Request for Production and Interrogatories to the best of his ability no later than 8/7/2024. Signed by Magistrate Judge Bruce E. Reinhart on 7/8/2024. (vbi) (Entered: 07/08/24) |
| 2:23-cv-14395-RKA | 07/16/24 | 07/16/24 | 46 | MOTION for clarification [37] Order on Motion to Take Deposition Responses due by 7/30/2024, MOTION to Strike [41] Response in Opposition to Motion Responses due by 7/30/2024, MOTION to Compel Discovery, MOTION for Sanctions by Keith Robert Doherty. (wce) (Entered: 07/16/24) |
| 2:23-cv-14395-RKA | 07/16/24 | 07/16/24 | 47 | MOTION for Leave and Reconsider [35] Amended Complaint dated April 17,2024 by Keith Robert Doherty. (wce) (Entered: 07/16/24) |
| 2:23-cv-14395-RKA | 07/17/24 | 07/17/24 | 48 | PAPERLESS ORDER denying [47] Motion for Leave and Reconsider Amended Complaint. The Plaintiff asks us to reconsider our April 26, 2024 Paperless Order striking the Second Amended Complaint, [ECF No. 36], because the Defendants are "orchestrat[ing]" "security issues and obstacles" which have hindered his ability to prosecute this case. Mot. at 2; see also id. at 3 (alleging that the Plaintiff "has been transferred and moved inside the facilities a total of 10 times since this action has commenced"). This argument fails to persuade for two reasons. First, we struck the Second Amended Complaint because Doherty didn't file "a motion for leave to amend" as required by Fed. R. Civ. P. 15(a)(2)and "because the proposed second amended complaint [was] a shotgun pleading that [did] not comply with the Federal Rules of Civil Procedure." Apr. 26, 2024 Paperless Order [ECF No. 36]. Doherty fails to explain how these alleged "security issues and obstacles" prevented him from complying with these procedural rules in the first instance. Second, despite being transferred to several different facilities, the docket suggests that Doherty has been able to receive pleadings from both the Court and the Defendants and has otherwise been able to prosecute his own case. See, e.g., Motion to Compel and Sanctions [ECF No. 39] (signed May 17, 2024); Notice of Change of Address [ECF No. 43] (signed June 11, 2024); Motion for Clarification [ECF No. 46] (signed June 24, 2024). Put another way, we fail to see how Doherty's complaints about transfers and prison lockdowns have anything to do with the Plaintiff's renewed request to file a procedurally defective Second Amended Complaint. For these reasons, we DENY the Motion. Signed by Judge Roy K. Altman on 7/17/2024. (cps) (Entered: 07/17/24) |
| 2:23-cv-14395-RKA | 07/17/24 | 07/17/24 | 49 | PAPERLESS ORDER denying [46] Plaintiff's Motion for Clarification for failure to state the clarification sought. The Court directs Plaintiff to the order entered on 7/8/24 at ECF No. [44]. Signed by Magistrate Judge Bruce E. Reinhart on 7/17/2024. (vbi) (Entered: 07/17/24) |
| 2:23-cv-14395-RKA | 07/23/24 | 07/23/24 | 50 | PLAIN TIFF'S ANSWER TO DEFENDANTS REQUEST FOR INTERROGATORIES to [45] Order on Motion to Compel by Keith Robert Doherty. (wce) (Entered: 07/23/24) |
| 2:23-cv-14395-RKA | 08/06/24 | 08/06/24 | 51 | NOTICE of Compliance by Mark Borrow, Mark Phillips re [44] Order on Motion to Compel Discovery,,, Order on Motion for Miscellaneous Relief,, (Jolly, Andrew) (Entered: 08/06/24) |
| 2:23-cv-14395-RKA | 08/14/24 | 08/14/24 | 52 | NOTICE of Plaintiff's Failure to Comply with Court Order [ECF 45] by Mark Borrow, Mark Phillips re [45] Order on Motion to Compel, (Jolly, Andrew) (Entered: 08/14/24) |
| 2:23-cv-14395-RKA | 08/15/24 | 08/15/24 | 53 | PAPERLESS Order Setting Telephonic Discovery Status Hearing in light of ECF No. [52]. Telephonic Discovery Hearing set for 8/23/2024 01:30 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 8/15/2024. (vbi) (Entered: 08/15/24) |
| 2:23-cv-14395-RKA | 08/23/24 | 08/23/24 | 54 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 8/23/2024. Total time in court: 40 minutes. (Digital (BER_1_8.23.2024)) (vbi) (Entered: 08/23/24) |
| 2:23-cv-14395-RKA | 08/23/24 | 08/23/24 | 55 | Parties' Oral Discovery Motions (vbi) (Entered: 08/23/24) |
| 2:23-cv-14395-RKA | 08/23/24 | 08/23/24 | 56 | PAPERLESS ORDER granting in part and denying in part [55] the parties' oral motions. The pro se Plaintiff's Motion to Postpone Plaintiff's Deposition is granted. The Court will reconvene the discovery hearing after the Plaintiff is out of custody and the deposition date will be reset for a time after then. The Defendants' Motion to Compel Production of Documents is granted in part. The Plaintiff is to send the Defendants a letter outlining what documents he has in his possession that he intends to produce no later than 9/6/2024. Once the Plaintiff is released from custody the Plaintiff shall produce the documents no later than 9/30/2024. The pro se Plaintiff's Renewed Motion toCompel Production of Documents is granted in part. The Plaintiff shall send Defendants a letter outlining which documents he believes are missing from his request for production no later than 9/6/2024. Upon receipt of the letter, Defendants are directed to follow up with the Lucie County Sheriff's Office regarding the outlined documents and produce them no later than 9/20/2024. To the extent that there are no additional related documents from what Defendants have already produced, Defendants are instructed to file a notice with the Court no later than 9/20/2024. The Court will reconvene the Telephonic Discovery Hearing by separate order. Signed by Magistrate Judge Bruce E. Reinhart on 8/23/2024. (vbi) (Entered: 08/23/24) |
| 2:23-cv-14395-RKA | 09/04/24 | 09/04/24 | 57 | PAPERLESS ORDER Setting Telephonic Discovery Hearing. The Court will reconvene the Telephonic Discovery Hearing on 10/1/2024 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 9/4/2024. (vbi) (Entered: 09/04/24) |
| 2:23-cv-14395-RKA | 09/06/24 | 09/06/24 | 58 | MOTION for Extension of Time to Comply/RESPONSE to Defendant's Notice of Plaintiff's Failure to Comply with Court Order and Court Order re [56] PAPERLESS ORDER granting in part and denying in part [55] the parties' oral motions by Keith Robert Doherty. (jas) Modified to convert to a motion per DE [60] on 9/20/2024 (pc). (Entered: 09/06/24) |
| 2:23-cv-14395-RKA | 09/20/24 | 09/20/24 | 0 | Set Deadlines as to [58] Motion for Extension of Time. Responses due by 9/25/2024 per DE [60]. (pc) (Entered: 09/20/24) |
| 2:23-cv-14395-RKA | 09/20/24 | 09/20/24 | 59 | NOTICE of Defendant's Failure To Comply With Court Order And Certificate Of Compliance Done In Bad Faith by Keith Robert Doherty (pcs) (Entered: 09/20/24) |
| 2:23-cv-14395-RKA | 09/20/24 | 09/20/24 | 60 | PAPERLESS ORDER construing ECF No. [58] to be a motion for extension of time to comply with ECF No. [56] and ordering Defendants to respond as to their position on the motion no later than 9/25/2024 at 5pm EST. Signed by Magistrate Judge Bruce E.Reinhart on 9/20/2024. (vbi) (Entered: 09/20/24) |
| 2:23-cv-14395-RKA | 09/20/24 | 09/20/24 | 61 | NOTICE of Plaintiff's Failure to Comply with Court Order (ECF 56) by Mark Borrow, Mark Phillips re [56] Order on Motion for Miscellaneous Relief,,,,, (Jolly, Andrew) (Entered: 09/20/24) |
| 2:23-cv-14395-RKA | 09/25/24 | 09/25/24 | 62 | Motion directing US. District Court Clerk to Authorize Subpoena's without Depositions and Service of Process for Incarcerated Pro Se Plaintiff, and Costs by Keith Robert Doherty. Responses due by 10/9/2024. (wce) (Entered: 09/25/24) |
| 2:23-cv-14395-RKA | 09/25/24 | 09/25/24 | 63 | Supplemental Motion Pursuant to Federal Rules of Civil Procedure Rule 37 to Apply Sanctions to Defendants and Compel Discovery Pursuant to Rule 34 by Keith Robert Doherty. Responses due by 10/9/2024. (wce) (Entered: 09/25/24) |
| 2:23-cv-14395-RKA | 09/25/24 | 09/25/24 | 64 | RESPONSE to Motion re [58] Motion for Extension of Time filed by Mark Borrow, Mark Phillips. Replies due by 10/2/2024. (Jolly, Andrew) (Entered: 09/25/24) |
| 2:23-cv-14395-RKA | 09/26/24 | 09/26/24 | 0 | Set Deadline per DE#65: Notice to the Court due by 10/10/2024. (scn) (Entered: 09/26/24) |
| 2:23-cv-14395-RKA | 09/26/24 | 09/26/24 | 65 | PAPERLESS ORDER granting in part and denying in part [58] Motion for Extension of Time; taking under advisement [62] Motion to Serve Subpoena Duces Tecum; taking under advisement [63] Motion for Sanctions. Plaintiff's [58] construed tobe a motion for extension of time is granted in part and denied in part. Plaintiff's motion for extension of time to send a letter outlining the documents he has in his possession and the documents he is missing is DENIED for failure to show good cause. Plaintiff is ORDERED to respond to Defendants' Request for Production after he is released from custody but no later than 10/15/2024. Defendants are directed to follow up with the Lucie County Sheriff's Office regarding theoutlined documents in ECF Nos. [62] and [63] and produce them no later than 10/10/2024. To the extent that there are no additional related documents from what Defendants have already produced, Defendants are instructed to file a notice with the Court no later than 10/10/2024. Signed by Magistrate Judge Bruce E. Reinhart on 9/26/2024. (vbi) (Entered: 09/26/24) |
| 2:23-cv-14395-RKA | 09/26/24 | 09/26/24 | 66 | PAPERLESS Order Resetting Telephonic Discovery Hearing. The Court will reconvene the Telephonic Discovery Hearing on 10/22/2024 at 2:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 9/26/2024. (vbi) (Entered: 09/26/24) |
| 2:23-cv-14395-RKA | 09/27/24 | 09/27/24 | 0 | 10/1/2024 Hearing terminated in light of ECF No. [66]. (vbi) (Entered: 09/27/24) |
| 2:23-cv-14395-RKA | 10/07/24 | 10/08/24 | 67 | RESTRICTED Notice of Appeal re [65] Order on Motion for Extension of Time, Order on Motion for Miscellaneous Relief, Order on Motion to Compel Discovery, by Keith Robert Doherty. Filing Fee: Not Paid. Within fourteen days of the filingdate of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (jgo) Modified text on 10/8/2024 (jgo). (Entered: 10/08/24) |
| 2:23-cv-14395-RKA | 10/07/24 | 10/08/24 | 69 | NOTICE of Objections to Magistrates Court Order's [60] and [65] by Keith Robert Doherty re [60] Order, [65] Order on Motion for Extension of Time, Order on Motion for Miscellaneous Relief, Order on Motion to Compel Discovery. (jgo) Modified on 10/16/2024 (jao). (Entered: 10/08/24) |
| 2:23-cv-14395-RKA | 10/07/24 | 10/08/24 | 70 | Clerk's Notice of Docket Correction re [67] Notice of Appeal, Transmission of Notice of appeal, and [68] Pro Se Instructions Correction Other. Documents incorrectly filed. The USCA for the Eleventh Circuit has been informed not to process documents. (jgo) Modified text on 10/8/2024 (jgo). (Entered: 10/08/24) |
| 2:23-cv-14395-RKA | 10/07/24 | 10/08/24 | 71 | APPEAL of Magistrate Judge [65] Order on Motion for Extension of Time, Order on Motion for Miscellaneous Relief, Order on Motion to Compel Discovery to District Court (jgo) Modified to correct the docket on 10/16/2024 (jao). (Entered: 10/08/24) |
| 2:23-cv-14395-RKA | 10/08/24 | 10/08/24 | 0 | RESTRICTED Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re [67] Notice of Appeal. Notice has been electronically mailed. (jgo) Modified text on 10/8/2024 (jgo). (Entered: 10/08/24) |
| 2:23-cv-14395-RKA | 10/08/24 | 10/08/24 | 68 | RESTRICTED CLERK'S NOTICE of Mailing Pro Se Instructions to Keith Robert Doherty re [67] Notice of Appeal. (jgo) Modified text on 10/8/2024 (jgo). (Entered: 10/08/24) |
| 2:23-cv-14395-RKA | 10/08/24 | 10/08/24 | 72 | MOTION for clarification [62] MOTION for Clerk/Court to Appoint Process Server MOTION Motion dirrecting US. District Court Clerk to Authorize Subpeona's without Depositions and Service of Process for Incarcerated Pro Se Plaintiff, and Costs, [63] MOTION to Compel Discovery MOTION to Stay MOTION for Extension of Time Supplemental Motion Pursuant to Federal Rules of Civil Procedure Rule 37 to Apply Sanctions to Defendants and Compel Discovery Pursuant to Rule 34, [65] Order on Motion for Extension of Time,,,,, Order on Motion for Miscellaneous Relief,,,,, Order on Motion to Compel Discovery,,,, **AND FOR AN EXTENSION OF TIME TO FULLY COMPLY** by Mark Borrow, Mark Phillips. Responses due by 10/22/2024. (Jolly, Andrew) (Entered: 10/08/24) |
| 2:23-cv-14395-RKA | 10/09/24 | 10/09/24 | 73 | RESPONSE in Opposition re [63] MOTION to Compel Discovery MOTION to Stay MOTION for Extension of Time Supplemental Motion Pursuant to Federal Rules of Civil Procedure Rule 37 to Apply Sanctions to Defendants and Compel Discovery Pursuant to Rule 34 filed by Mark Borrow, Mark Phillips. Replies due by 10/16/2024. (Jolly, Andrew) (Entered: 10/09/24) |
| 2:23-cv-14395-RKA | 10/09/24 | 10/09/24 | 74 | PAPERLESS ORDER. The deadlines in ECF No. [65] are hereby STAYED pending the District Court's decision on ECF No. [71] Plaintiff's Appeal. Signed by Magistrate Judge Bruce E. Reinhart on 10/9/2024. (vbi) (Entered: 10/09/24) |
| 2:23-cv-14395-RKA | 10/09/24 | 10/09/24 | 75 | PAPERLESS ORDER ordering the Defendants to respond to Doherty's objections to Magistrate Judge Bruce E. Reinhart's [65] Discovery Order. On October 8, 2024, Doherty filed a [71] notice of appeal of Judge Reinhart's order on Doherty's [58] motion for extension of time, [62] motion to serve subpoena duces tecum, and [63] motions for sanctions and to compel discovery. Doherty also filed [69] objections to that order relating only to the denial of his motion for extension of time. In Judge Reinhart's [65] Order, Judge Reinhart took Doherty's other motions under advisement and has yet to rule on them. So, we'll construe Doherty's [69] objections to Judge Reinhart's order denying his [58] motion for extension of time as the only issue on appeal. On or before October 16, 2024, the Defendants shall respond to Doherty's objections. See Rule 4(a)(1) of the Magistrate Judge Rules, Local Rules for the Southern District of Florida (a party wishing to appeal a Magistrate Judge's order on a non-dispositive matter "shall file... written objections which shall specifically set forth the order... appealed from[.] Any party may respond to another party's objections...within such other time as may be allowed by the... District Judge"). Signed by Judge Roy K. Altman on 10/09/2024. (gan) (Entered: 10/09/24) |
| 2:23-cv-14395-RKA | 10/16/24 | 10/16/24 | 76 | RESPONSE to [71] APPEAL of Magistrate Judge [65] Order on Motion for Extension of Time,,,,, Order on Motion for Miscellaneous Relief,,,,, Order on Motion to Compel Discovery,,,, to District Court *in Opposition to Plaintiff's Appeal of Magistrate Judge's Order (ECF 71) by Mark Borrow, Mark Phillips. (Jolly, Andrew) (Entered: 10/16/24) |
| 2:23-cv-14395-RKA | 10/17/24 | 10/17/24 | 77 | ORDER: Accordingly, we ORDER AND ADJUDGE that the Magistrate Judge's Order [ECF No. [65]] is AFFIRMED. Doherty's Objection [ECF No. [69]] is OVERRULED. Signed by Judge Roy K. Altman on 10/17/2024. See attached document for fulldetails. (wce) (Entered: 10/17/24) |
| 2:23-cv-14395-RKA | 10/18/24 | 10/18/24 | 78 | PAPERLESS ORDER granting in part and taking under advisement in part [72]. The Defendants' Motion for Extension of Time to Comply with ECF No. [65] is granted. The new deadline to comply is 11/1/2024. The Court will address Defendants' Motion for Clarification at the 10/22/2024 hearing. Signed by Magistrate Judge Bruce E. Reinhart on 10/18/2024. (vbi) (Entered: 10/18/24) |
| 2:23-cv-14395-RKA | 10/21/24 | 10/21/24 | 79 | PAPERLESS Order Resetting Discovery Hearing. **TIME CHANGE ONLY** Discovery Hearing now set for 10/22/2024 03:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 10/21/2024. (vbi) Modified text/status per Chambers on 10/21/2024 (sk). (Entered: 10/21/24) |
| 2:23-cv-14395-RKA | 10/21/24 | 10/21/24 | 80 | PAPERLESS ORDER construing [63] to be a Motion for Sanctions under Federal Rule of Civil Procedure 37 and a Motion to Compel Discovery. First, the Court has already addressed Plaintiff's discovery issues in ECF No. [56], so his Motion to Compelis DENIED AS MOOT. Second, on 8/23/24 this Court ordered the Plaintiff to send the Defendants a letter "outlining which documents he believes are missing from his request for production no later than 9/6/2024." ECF No. [56]. The record reflects that Plaintiff failed to do so. ECF No. [61]. So, the Defendants did not have an opportunity to search for and produce documents beyond what has already been produced. ECF No. 56. Therefore, the Court declines to consider Plaintiff's sanctions/spoliation arguments and Plaintiff's Motion for Sanctions is DENIED. Signed by Magistrate Judge Bruce E. Reinhart on 10/21/2024. (vbi) (Entered: 10/21/24) |
| 2:23-cv-14395-RKA | 10/22/24 | 10/22/24 | 81 | PAPERLESS Minute Order for proceedings held before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/22/2024. Discovery Hearing held on 10/22/2024. For the reasons stated on the record, the Court will set an in-person hearing by separate order. Total time in court: 15 minutes. (Digital (BER_1_10.22.2024)) (vbi) (Entered: 10/22/24) |
| 2:23-cv-14395-RKA | 10/22/24 | 10/22/24 | 82 | PAPERLESS ORDER denying [62] Motion to Authorize Subpoenas for the reasons stated on the record at the 10/22/2024, discovery hearing. Signed by Magistrate Judge Bruce E. Reinhart on 10/22/2024. (vbi) (Entered: 10/22/24) |
| 2:23-cv-14395-RKA | 10/22/24 | 10/22/24 | 83 | PAPERLESS ORDER granting [72] Motion for Clarification. Defendants are ordered to produce all non-privileged: (1) internal communications, (2) audio and video recordings, and (3) internal reports relating to the Plaintiff and the incidents in question no later than 11/1/2024. Signed by Magistrate Judge Bruce E. Reinhart on 10/22/2024. (vbi) (Entered: 10/22/24) |
| 2:23-cv-14395-RKA | 10/22/24 | 10/22/24 | 84 | PAPERLESS ORDER SETTING IN-PERSON DISCOVERY STATUS CONFERENCE. In-Person Discovery Status Conference set for 11/5/2024 at 01:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E.Reinhart on 10/22/2024. (vbi) (Entered: 10/22/24) |
| 2:23-cv-14395-RKA | 10/25/24 | 10/28/24 | 85 | STRICKEN NOTICE of Filing in Support by Keith Robert Doherty re [71] APPEAL of Magistrate Judge [65] Order on Motion for Extension of Time,,,,, Order on Motion for Miscellaneous Relief,,,,, Order on Motion to Compel Discovery, to District Court (ls) Modified Text on 10/30/2024 per DE [88] (wce). (Entered: 10/28/24) |
| 2:23-cv-14395-RKA | 10/29/24 | 10/29/24 | 86 | NOTICE of Change of Address by Keith Robert Doherty. (Address Updated) (wce) (Entered: 10/29/24) |
| 2:23-cv-14395-RKA | 10/29/24 | 10/29/24 | 87 | CLERK'S NOTICE re [86] NOTICE of Change of Address. The email address for Keith Robert Doherty was not added. Filer is instructed to complete the attached form to receive Notices of Electronic Filing electronically. Additional Notice of Electronic Filing (NEF) sent to Keith Robert Doherty (jc) (Entered: 10/29/24) |
| 2:23-cv-14395-RKA | 10/29/24 | 10/29/24 | 88 | PAPERLESS ORDER striking the Plaintiff Keith Robert Doherty's Notice of Filing in Support of Plaintiff's Appeal of Magistrate Judge's Order [ECF No. 85]. On October 2, 2024, Doherty appealed Magistrate Judge Bruce E. Reinhart's [65] Discovery Order to us. See Notice of Objections [ECF No. 69]. Since we've already affirmed Judge Reinhart's Order on October 17, 2024, see generally Order [ECF No. 77], we won't consider the arguments Doherty is now making to us for the first time. At any rate, it's now far too late for Doherty to object to Judge Reinhart's discovery order. See Fed. R. Civ. P. 72(a) ("A party may serve and file objections to the [magistrate judge's non-dispositive] order within 14 days after being served with a copy." (cleaned up)). We therefore strike Doherty's filing and remind him that any future appeal from a discovery order must comply with the Federal Rules of Civil Procedure and our District's Local Rules. See Rule 4(a)(1) of the Magistrate Judge Rules, Local Rules for the Southern District of Florida ("Such party shall file... written objections which shall specifically set forth the order, or part thereof, appealed from; a concise statement of the alleged error in the Magistrate Judge's ruling; and statutory, rule, or case authority, in support of the moving party's position."). Signed by Judge Roy K. Altman on 10/29/2024. (gan) (Entered: 10/29/24) |
| 2:23-cv-14395-RKA | 10/30/24 | 10/30/24 | 89 | MOTION for Sanctions by Mark Borrow, Mark Phillips. (Attachments: # (1) Exhibit A-E-mail chain, # (2) Exhibit B-Blurry documents provided by Plaintiff)(Jolly, Andrew) (Entered: 10/30/24) |
| 2:23-cv-14395-RKA | 10/30/24 | 10/31/24 | 90 | ORDER: Pursuant to Rule 72 of the Federal Rules of Civil Procedure, we hereby ORDER that the Motion [ECF No. [89]] is REFERRED to United States Magistrate Judge Bruce E. Reinhart for a report and recommendation. Signed by Judge Roy K. Altman on 10/30/2024. See attached document for full details. (wce) (Entered: 10/31/24) |
| 2:23-cv-14395-RKA | 10/31/24 | 10/31/24 | 0 | Set Deadline as to [89] MOTION for Sanctions . Responses due by 11/13/2024 per DE [91]. (wce) (Entered: 10/31/24) |
| 2:23-cv-14395-RKA | 10/31/24 | 10/31/24 | 91 | PAPERLESS ORDER taking under advisement [89] Defendants' Motion for Sanctions. Plaintiff's response is due no later than 11/13/2024. Signed by Magistrate Judge Bruce E. Reinhart on 10/31/2024. (vbi) (Entered: 10/31/24) |
| 2:23-cv-14395-RKA | 11/04/24 | 11/04/24 | 0 | In-Person Discovery Status Conference terminated per DE [93]. (wce) (Entered: 11/04/24) |
| 2:23-cv-14395-RKA | 11/04/24 | 11/04/24 | 92 | Plaintiff's Motion for Extension of Time to Conduct In-Person Discovery Status Conference.(vbi) (Entered: 11/04/24) |
| 2:23-cv-14395-RKA | 11/04/24 | 11/04/24 | 93 | PAPERLESS ORDER. On 11/1/2024 the Pro Se Plaintiff called chambers to inquire about the 11/5/2024 In-person Discovery Status Conference. The Court confirmed the date and time and notified the Plaintiff that his appearance is mandatory. The Court liberally construes Plaintiff's response in ECF No. [92] to be an ex-parte motion for extension of time. In light of the circumstances, the Court will make a one-time exception and GRANT Plaintiff's Motion for Extension of Time. Future motions must comply with the Federal Rules of Civil Procedure and the Local Rules. Failure to comply may result in sanctions. The 11/5/2024 In-Person Discovery Status Conference is cancelled. Defense Counsel is directed to confer with the Plaintiff and provide three joint proposed dates for an In-Person Discovery Status Conference no later than 11/8/2024 at 12pm EST. Counsel is directed to send one email on behalf of the parties to chambers with the proposed dates. Signed by Magistrate Judge Bruce E. Reinhart on 11/4/2024. (vbi) (Entered: 11/04/24) |
| 2:23-cv-14395-RKA | 11/06/24 | 11/06/24 | 94 | PAPERLESS ORDER SETTING IN-PERSON DISCOVERY STATUS CONFERENCE. In light of ECF Nos. [92],[93] and at the parties' request, the In-Person Discovery Status Conference is rescheduled for 11/18/2024 01:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The pro se Plaintiff is hereby ORDERED to appear in person. Failure to appear may result in sanctions. Signed by Magistrate Judge Bruce E. Reinhart on 11/6/2024. (vbi) (Entered: 11/06/24) |
| 2:23-cv-14395-RKA | 11/18/24 | 11/18/24 | 95 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart. Status Conference held on 11/18/2024. Signed by Magistrate Judge Bruce E. Reinhart on 11/18/2024. Total time in court: 35 minutes. (Digital 13:15:02) (vbi) (Entered: 11/18/24) |
| 2:23-cv-14395-RKA | 11/18/24 | 11/18/24 | 96 | PAPERLESS Order Cancelling the 11/25/2024 Settlement Conference for the reasons stated on the record at the 11/18/2024 Status Conference. Signed by Magistrate Judge Bruce E. Reinhart on 11/18/2024. (vbi) (Entered: 11/18/24) |
| 2:23-cv-14395-RKA | 11/19/24 | 11/19/24 | 97 | MOTION TO STRIKE THE USE OF MEDICAL RECORDS ILLEGALLY OBTAINED IN VIOLATION HIPPA AND FIPA LAW AND FEDERAL RULES OF EVIDENCE RULE 901 by Keith Robert Doherty. Responses due by 12/3/2024. (wce) (Entered: 11/19/24) |
| 2:23-cv-14395-RKA | 11/20/24 | 11/20/24 | 98 | STRICKEN RESPONSE IN OPPOSITION TO [89] DEFENDANTS MOTION FOR SANCTIONS DATED OCTOBER 30, 2024 by Keith Robert Doherty. (Motion for this Honorable Court to Order Magistrate Judge to Withdraw as Magistrate on the case) (wce) Modified Text per DE [104] on 12/6/2024 (wce). (Entered: 11/20/24) |
| 2:23-cv-14395-RKA | 11/25/24 | 11/25/24 | 99 | AMENDED ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRINGMEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 5/5/2025 in Miami Division before Judge Roy K. Altman. Calendar Call set for 4/29/2025 01:30 PM in Miami Division before Judge Roy K. Altman. Mediation Deadline 1/24/2025. Pursuant to 28 U.S.C. § 636 and this District's Magistrate Judge Rules, all pretrial non-dispositive and discovery matters are hereby referred to United States Magistrate Bruce E. Reinhart. Signed by Judge Roy K. Altman on 11/25/2024. See attached document for full details. (wce) Pattern Jury Instruction Builder - To accessthe latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 11/25/24) |
| 2:23-cv-14395-RKA | 11/25/24 | 11/25/24 | 100 | PAPERLESS ORDER reinstating the discovery dispute procedures identified in the Court's [21] Standing Discovery Order in light of the fact that Plaintiff is no longer incarcerated. Signed by Magistrate Judge Bruce E. Reinhart on 11/25/2024. (vbi) (Entered: 11/25/24) |
| 2:23-cv-14395-RKA | 11/27/24 | 11/27/24 | 101 | REPLY to [89] MOTION for Sanctions ** In Support of** by Mark Borrow, Mark Phillips. (Attachments: # (1) Exhibit A- Plaintiff's deposition's excerpt, # (2) Exhibit B-Chain of e-mail between Plaintiff and Defendants' counsel, # (3) Exhibit Defendant Borrow's First set of Interrogatories to Plaintiff)(Jolly, Andrew) (Entered: 11/27/24) |
| 2:23-cv-14395-RKA | 12/03/24 | 12/03/24 | 102 | RESPONSE in Opposition re [97] MOTION to Strike [95] Status Conference,, Minute Order, filed by Mark Borrow, Mark Phillips. Replies due by 12/10/2024. (Jolly, Andrew) (Entered: 12/03/24) |
| 2:23-cv-14395-RKA | 12/03/24 | 12/03/24 | 103 | PAPERLESS ORDER construing [97] Plaintiff's Motion to Strike to be a premature Motion in Limine and denying it without prejudice. To the extent that the Plaintiff objects to use of portions of his deposition testimony at trial and or challenges the authenticity of the medical records in question, those are premature evidentiary issues. This Order is without prejudice to the Plaintiff renewing his objections at the trial posture before Judge Altman. Signed by Magistrate Judge Bruce E. Reinhart on 12/3/2024. (vbi) (Entered: 12/03/24) |
| 2:23-cv-14395-RKA | 12/05/24 | 12/05/24 | 104 | PAPERLESS ORDER striking [98] Plaintiff's Motion for Recusal from the Response to [89] Defendant's Motion for Sanctions. "A party may not seek affirmative relief in a response." Henry v. Celebrity Cruises, Inc., No. 21-cv-20148-DLG, 2022 WL 457844, at *3 (S.D. Fla. Jan. 26, 2022) (citing Peklun v. Tierra Del Mar Condo. Ass'n, Inc., No. 15-cv-80801, 2015 WL 8029840, at *16 (S.D. Fla. Dec. 7, 2015)) Signed by Magistrate Judge Bruce E. Reinhart on 12/5/2024. (vbi) (Entered: 12/05/24) |
| 2:23-cv-14395-RKA | 12/09/24 | 12/09/24 | 105 | Consent by Pro Se Litigant (Non-Prisoner) Keith Robert Doherty to receive Notices of Electronic Filing at email address: keithdohertys@gmail.com (scn) (Entered: 12/09/24) |
| 2:23-cv-14395-RKA | 12/09/24 | 12/09/24 | 106 | CLERK'S NOTICE re [105] Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing. Email address NOT added. Filer did not certify and agree to all of the conditions set forth in the attached document. (bb) (Entered: 12/09/24) |
| 2:23-cv-14395-RKA | 12/11/24 | 12/11/24 | 107 | REPORT AND RECOMMENDATION REGARDING DEFENDANTS' MOTION FOR SANCTIONS [ECF No. [89]]: Recommending that the District Court deny Defendants' Motion for Sanctions. A party shall serve and file written objections, if any, to this Report and Recommendation with the Honorable Roy K. Altman, United States District Court Judge for the Southern District of Florida, within FOURTEEN (14) DAYS of being served with a copy of this Report and Recommendation. Signed by Magistrate Judge Bruce E. Reinhart on 12/11/2024. See attached document for full details. (wce) (Entered: 12/11/24) |
| 2:23-cv-14395-RKA | 12/19/24 | 12/19/24 | 108 | NOTICE by Mark Borrow, Mark Phillips re [107] REPORT AND RECOMMENDATIONS on 42 USC 1983 case re [89] MOTION for Sanctions filed by Mark Borrow, Mark Phillips Recommending that the District Court deny Defendants' [89] Motion for Sanctions.. (Jolly, Andrew) (Entered: 12/19/24) |
| 2:23-cv-14395-RKA | 12/23/24 | 12/23/24 | 109 | ORDER ADOPTING REPORT AND RECOMMENDATION: The Report and Recommendation [ECF No. [107]] is ACCEPTED and ADOPTED in full. The Defendants' Motion for Sanctions [ECF No. [89]] is DENIED. Signed by Judge Roy K. Altman on 12/20/2024. See attached document for full details. (wce) (Entered: 12/23/24) |
| 2:23-cv-14395-RKA | 12/27/24 | 12/27/24 | 110 | MOTION to Dismiss with Prejudice [5] Amended Complaint/Amended Notice of Removal by Mark Borrow, Mark Phillips. Responses due by 1/10/2025. (Attachments: # (1) Exhibit A - Composite, # (2) Exhibit B - Depo Excerpt)(Jolly, Andrew) (Entered: 12/27/24) |
| 2:23-cv-14395-RKA | 01/03/25 | 01/03/25 | 111 | NOTICE Pursuant to Court's Amended Scheduling Order [ECF-99] by Mark Borrow, Mark Phillips re [99] Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, (Attachments: # (1) Exhibit A-Email Chain) (Jolly, Andrew) (Entered: 01/03/25) |
| 2:23-cv-14395-RKA | 01/03/25 | 01/03/25 | 112 | MOTION for HIPAA Qualified Protective Order and Order to Disclose Protected Health Information by Mark Borrow, Mark Phillips. (Attachments: # (1) Exhibit A-HIPAA Proposed ORDER, # (2) Exhibit B-E-mail Chain)(Jolly, Andrew) (Entered: 01/03/25) |
| 2:23-cv-14395-RKA | 01/06/25 | 01/06/25 | 113 | PAPERLESS ORDER denying without prejudice [112] Defendants' Motion for HIPAA Qualified Protective Order. The current discovery deadline is January 10, 2025. See ECF [99]. To date, the parties have not indicated that the parties have agreed to extend that deadline and therefore there would be inadequate time to serve subpoenas. The parties are directed to meet, confer, and comply with the procedures outlined in ECF No. [99]. Signed by Magistrate Judge Bruce E. Reinhart on 1/6/2025. (vbi) (Entered: 01/06/25) |
| 2:23-cv-14395-RKA | 01/06/25 | 01/06/25 | 114 | PAPERLESS ORDER on the Defendants' [111] Notice. On March 25, 2024, we set a "court-mandated settlement conference." Paperless Order [ECF No. 26]. The Plaintiff was proceeding in forma pauperis ("IFP") and couldn't split the costs of a mediator, so we agreed "that a settlement conference with the magistrate judge [was] a viable alternative to mediation." Ibid. Due to discovery delays, that conference was cancelled by U.S. Magistrate Judge Bruce E. Reinhart on November 18, 2024, to be rescheduled later. See Paperless Order [ECF No. 96]. But the parties' deadline to resolve their dispute was quickly approaching, so we amended our scheduling order to extend that deadline to January 24, 2025. See Amended Scheduling Order [ECF No. 99] at 1. In their Notice, the Defendants now seek our "guidance" and request that we "schedule a settlement conference in front of a Magistrate Judge in lieu of mediation as had been done previously[.]" Notice [ECF No. 111] at 2. Since the parties have yet to reschedule the settlement conference, and since the Plaintiff is still proceeding IFP, that's what we'll do. The parties are INSTRUCTED to contact Magistrate Judge Bruce E. Reinhart's chambers by January 9, 2025, to set a settlement conference at a time that's agreeable to both the parties and Magistrate Judge Reinhart. The settlement conference may be conducted telephonically, remotely, or by any other method Magistrate Judge Reinhart finds proper. Signed by Judge Roy K. Altman on 1/6/2025. (gan) (Entered: 01/06/25) |
| 2:23-cv-14395-RKA | 01/09/25 | 01/09/25 | 115 | ORDER SCHEDULING ZOOM SETTLEMENT CONFERENCE: Settlement Conference set for 1/24/2025 02:00 PM before Magistrate Judge Bruce E. Reinhart via Zoom. Signed by Magistrate Judge Bruce E. Reinhart on 1/9/2025. See attached document for full details. (wce) (Entered: 01/09/25) |
| 2:23-cv-14395-RKA | 01/14/25 | 01/14/25 | 116 | PAPERLESS ORDER directing the Plaintiff, Keith Robert Doherty, to respond to the Defendants' [110] Motion to Dismiss. The Defendants filed their Motion to Dismiss on December 27, 2024. See Motion to Dismiss [ECF No. 110] at 1. OurLocal Rules require Doherty to "file and serve an opposing memorandum of law no later than fourteen (14) days after service of the motion." S.D. Fla. L.R. 7.1(c)(1). We warn Doherty that his "[f]ailure to do so may be deemed sufficient cause for granting the motion by default." Ibid. And the leniency we generally afford pro se litigants (like Doherty) "does not extend to [their] failure to comply with either federal procedural rules or local court rules." Jarzynka v. St. Thomas Univ. Sch. of Law, 310 F. Supp. 2d 1256, 1264 (S.D. Fla. 2004) (Lenard, J.) (cleaned up). Doherty's response must be filed and docketed by Tuesday, January 21, 2025. Signed by Judge Roy K. Altman on 1/14/2025. (gan) (Entered: 01/14/25) |
| 2:23-cv-14395-RKA | 01/14/25 | 01/15/25 | 0 | Set Deadlines as to [110] MOTION to Dismiss. Responses due by 1/21/2025 per DE [116]. (wce) (Entered: 01/15/25) |
| 2:23-cv-14395-RKA | 01/21/25 | 01/21/25 | 117 | RESPONSE to Motion re [110] MOTION to Dismiss with Prejudice [5] Amended Complaint/Amended Notice of Removal filed by Keith Robert Doherty. Replies due by 1/28/2025. (Attachments: # (1) Exhibit)(cqs) (Entered: 01/21/25) |
| 2:23-cv-14395-RKA | 01/23/25 | 01/23/25 | 118 | MOTION to Change Venue by Mark Borrow, Mark Phillips. Responses due by 2/6/2025. (Jolly, Andrew) (Entered: 01/23/25) |
| 2:23-cv-14395-RKA | 01/23/25 | 01/23/25 | 119 | PAPERLESS ORDER denying without prejudice the Defendants' [118] Motion to Change Venue. The Defendants want us to transfer this case's "trial venue from Miami, Florida, to Ft. Pierce, Florida," Motion [ECF No. 118] at 2, but trial isn't scheduled to start until May 5, 2025. The Defendants can refile their motion to change trial venue following summary judgment. For now, however, the Motion is DENIED. Signed by Judge Roy K. Altman on 1/23/2025. (gan) (Entered: 01/23/25) |
| 2:23-cv-14395-RKA | 01/24/25 | 01/24/25 | 120 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 1/24/2025. Settlement not reached. Total time in court: 50 minutes. (vbi) (Entered: 01/24/25) |
| 2:23-cv-14395-RKA | 01/27/25 | 01/27/25 | 121 | REPLY in Support of Motion re [110] MOTION to Dismiss with Prejudice [5] Amended Complaint/Amended Notice of Removal . filed by Mark Borrow, Mark Phillips. (Attachments: # (1) Exhibit A-Plaintiff's photo, # (2) Exhibit B-Plaintiff's Depo's Excerpt, # (3) Exhibit C-Plaintiff's e-mail, # (4) Exhibit D-Complaint form)(Jolly, Andrew) (Entered: 01/27/25) |
| 2:23-cv-14395-RKA | 01/27/25 | 01/28/25 | 122 | ORDER: This matter is REFERRED to the Volunteer Attorney Program, where a volunteer attorney may accept the representation on a pro bono basis. The Clerk of Court will post a description of the case and contact information on the Court's website of available pro bono cases. Signed by Judge Roy K. Altman on 1/27/2025. See attached document for full details. (wce) (Entered: 01/28/25) |
| 2:23-cv-14395-RKA | 01/28/25 | 01/28/25 | 123 | Plaintiff's Suplemtal Response and Memorandum of Law to Defendant's [121] re [110] Motion to Dismiss. by Keith Robert Doherty. (wce) (Entered: 01/28/25) |
| 2:23-cv-14395-RKA | 01/31/25 | 01/31/25 | 124 | MOTION to File Exhibits Conventionally by Mark Borrow, Mark Phillips. (Jolly, Andrew) (Entered: 01/31/25) |
| 2:23-cv-14395-RKA | 02/02/25 | 02/02/25 | 125 | PAPERLESS ORDER granting the Defendants' [124] Motion. We'll allow the Defendants to conventionally file their four video exhibits in support of their motion for summary judgment. Signed by Judge Roy K. Altman on 2/2/2025. (gan) (Entered: 02/02/25) |
| 2:23-cv-14395-RKA | 02/03/25 | 02/03/25 | 126 | Statement of: in Support of their Motion for Summary Judgment by Mark Borrow, Mark Phillips (Attachments: # (1) Exhibit A-Affidavit Deputy Borrow, # (2) Exhibit B-Plaintiff's deposition, # (3) Exhibit C-Jail Records, # (4) Exhibit D-Medical Records, # (5) Exhibit E-Affidavit of Jacqueline Cardell, # (6) Exhibit F-Affidavit of Barbara DiGiorgio, # (7) Exhibit G-Inmate Handbook, # (8) Exhibit H- Intake, # (9) Exhibit I-Release Report, # (10) Exhibit J-Grievance Redacted, # (11) Exhibit K-Defendant Borrow's First Interrogatories to Plaintiff, # (12) Exhibit M-Affidavit of Sergeant Phillips, # (13) Exhibit N-Photos, # (14) Exhibit R-Defendant Phillips' First Interrogatories to Plaintiff)(Jolly, Andrew) (Entered: 02/03/25) |
| 2:23-cv-14395-RKA | 02/03/25 | 02/03/25 | 127 | MOTION for Summary Judgment And Memorandum of Law by Mark Borrow, Mark Phillips. Responses due by 2/18/2025. (Jolly, Andrew) (Entered: 02/03/25) |
| 2:23-cv-14395-RKA | 02/03/25 | 02/03/25 | 128 | NOTICE of Conventional Filing by Mark Borrow, Mark Phillips re [127] MOTION for Summary Judgment And Memorandum of Law, [126] Statement,, (Jolly, Andrew) (Entered: 02/03/25) |
| 2:23-cv-14395-RKA | 02/05/25 | 02/05/25 | 129 | NOTICE OF CONVENTIONAL FILING of [128] Notice by Mark Borrow, and Mark Phillips. (wce) (Entered: 02/05/25) |
| 2:23-cv-14395-RKA | 02/11/25 | 02/11/25 | 130 | ORDER: We therefore ORDER AND ADJUDGE that the Defendants' Motion to Dismiss with Prejudice [ECF No. [110]] is DENIED. Signed by Judge Roy K. Altman on 2/11/2025. See attached document for full details. (wce) (Entered: 02/11/25) |
| 2:23-cv-14395-RKA | 02/12/25 | 02/13/25 | 131 | ORDER TO SHOW CAUSE: We therefore ORDER both parties to SHOW CAUSE, by February 26, 2025, this case shouldn't be dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(i). Signed by Judge Roy K. Altman on 2/12/2025. See attached document for full details. (wce) (Entered: 02/13/25) |
| 2:23-cv-14395-RKA | 02/13/25 | 02/13/25 | 132 | NOTICE TO PRO SE LITIGANT REGARDING MOTION FOR SUMMARY JUDGMENT: By February 24, 2025, the Plaintiff must file a Response in Opposition to the Defendants' [127] summary-judgment motion. This case is currently set for trial during this Court's two-week trial calendar beginning on May 5, 2025. Signed by Judge Roy K. Altman on 2/13/2025. See attached document for full details. (wce) (Entered: 02/13/25) |
| 2:23-cv-14395-RKA | 02/14/25 | 02/14/25 | 133 | NOTICE of FILING by Mark Borrow, Mark Phillips re [127] MOTION for Summary Judgment And Memorandum of Law, [126] Statement,, (Attachments: # (1) Exhibit A-Deputy Borrow's signed affidavit in support of Defendants' Motion for Summary Judgment) (Jolly, Andrew) (Entered: 02/14/25) |
| 2:23-cv-14395-RKA | 02/24/25 | 02/24/25 | 134 | MOTION FOR EXTENSION OF TIME TO RESPOND [ECF [132]] MOTION FOR SUMMARY JUDGEMENT AND [ECF [131]] ORDER TO SHOW CAUSE by Keith Robert Doherty. (wce) (Entered: 02/24/25) |
| 2:23-cv-14395-RKA | 02/24/25 | 02/24/25 | 135 | RESPONSE in Opposition re [134] MOTION for Extension of Time to File Response/Reply/Answer as to [131] Order to Show Cause, [132] Order,, Set/Reset Motion/R&R Deadlines and Hearings, filed by Mark Borrow, Mark Phillips. Replies due by 3/3/2025. (Jolly, Andrew) (Entered: 02/24/25) |
| 2:23-cv-14395-RKA | 02/24/25 | 02/24/25 | 136 | PAPERLESS ORDER granting in part Keith Robert Doherty's [134] Motion for Extension of Time. Doherty shall respond to the Defendants' [127] Motion for Summary Judgment and our [131] Order to Show Cause by March 10, 2025. This Order has no effect on the Defendants' obligation to respond to our Order to Show Cause by February 26, 2025. See Order to Show Cause [ECF No. 131] at 2 ("We therefore order both parties to show cause... why this case shouldn't be dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(i)." (emphases added & cleaned up)). Signed by Judge Roy K. Altman on 2/24/2025. (gan) (Entered: 02/24/25) |
| 2:23-cv-14395-RKA | 02/24/25 | 02/25/25 | 0 | Set Deadlines: Doherty shall respond to the Defendants' [127] Motion for Summary Judgment and our [131] Order to Show Cause by March 10, 2025. (wce) (Entered: 02/25/25) |
| 2:23-cv-14395-RKA | 02/25/25 | 02/25/25 | 137 | MOTION for Leave to Amend the Complaint by Keith Robert Doherty. Responses due by 3/11/2025. (Attachments: # (1) Exhibit)(wce) (Entered: 02/25/25) |
| 2:23-cv-14395-RKA | 02/26/25 | 02/26/25 | 138 | PAPERLESS ORDER denying Keith Robert Doherty's [137] Motion for Leave to Amend the Complaint. Doherty wishes to amend his complaint because (he claims) he "misread the complaint form" when it asked him to disclose his litigation history. Motion [ECF No. 137] at 1 (cleaned up). But amending his complaint won't change whether his omissions were the kind of bad faith litigiousness or manipulative tactics that may warrant dismissal under 28 U.S.C. section 1915(e)(2)(B)(i). Plus,we already gave Doherty one chance to amend his complaint. See Order to Amend [ECF No. 4]. With a motion for summary judgment now pending, amendment certainly "would prejudice the defendant[s]." Campbell v. Emory Clinic, 166 F.3d 1157, 1162 (11th Cir. 1999) (cleaned up). So, we won't let Doherty amend his complaint. He'd be wise, rather, to respond to our [131] Order to Show Cause regarding the same omissions he now wants to rectify. Signed by Judge Roy K. Altman on 2/26/2025. (gan) (Entered: 02/26/25) |
| 2:23-cv-14395-RKA | 02/26/25 | 02/26/25 | 139 | RESPONSE to [131] Order to Show Cause, by Mark Borrow, Mark Phillips. (Jolly, Andrew) (Entered: 02/26/25) |
| 2:23-cv-14395-RKA | 02/26/25 | 02/27/25 | 140 | RESPONSE TO ORDER TO SHOW CAUSE re [131] Order to Show Cause by Keith Robert Doherty. (Attachments: # (1) Exhibits)(jas) (Entered: 02/27/25) |
| 2:23-cv-14395-RKA | 03/10/25 | 03/11/25 | 141 | RESPONSE to [127] MOTION for Summary Judgment And Memorandum of Law by Keith Robert Doherty. (Attachments: # (1) Exhibits)(scn) (Additional attachment(s) added on 3/12/2025: # (2) Exhibits in Support) (scn). (Entered: 03/11/25) |
| 2:23-cv-14395-RKA | 03/12/25 | 03/12/25 | 144 | Clerk's Notice of Docket Correction re [141] Response. Correction Other. Please disregard DE#142, as it was meant to be an attachment in support of DE#141 (it is now attached). The Clerk's Notice at DE#143 is therefore not needed. (scn) (Entered: 03/12/25) |
| 2:23-cv-14395-RKA | 03/17/25 | 03/17/25 | 145 | REPLY in Support of Motion re [127] MOTION for Summary Judgment And Memorandum of Law. filed by Mark Borrow, Mark Phillips. (Jolly, Andrew) (Entered: 03/17/25) |
| 2:23-cv-14395-RKA | 03/19/25 | 03/19/25 | 146 | MOTION to Change Venue by Mark Borrow, Mark Phillips. Responses due by 4/2/2025. (Jolly, Andrew) (Entered: 03/19/25) |
| 2:23-cv-14395-RKA | 03/19/25 | 03/19/25 | 147 | PAPERLESS ORDER denying without prejudice the Defendants' [146] Motion to Change Venue. On January 23, 2025, we told the Defendants they could "refile their motion to change trial venue following summary judgment." Paperless Order [ECF No. 119]. While the Defendants have filed a summary judgment motion [ECF No. 127], we've yet to rule on it. If we deny summary judgment, the Defendants can refile their Motion to Change Venue. Signed by Judge Roy K. Altman on 3/19/2025. (gan) (Entered: 03/19/25) |
| 2:23-cv-14395-RKA | 03/20/25 | 03/20/25 | 148 | ORDER STAYING CASE. The Clerk of Court is directed to CLOSE this case for administrative purposes. All pending deadlines and hearings are TERMINATED. Signed by Judge Roy K. Altman on 3/20/2025. See attached document for full details. (kpe) (Entered: 03/20/25) |
| 2:23-cv-14395-RKA | 04/28/25 | 04/29/25 | 149 | ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for an evidentiary hearing and a Report and Recommendation on whether this case should be dismissed without prejudice as malicious under 28 U.S.C. § 1915(e)(2)(B)(i) because of Doherty's failure to disclose his litigation history and/or because Doherty lied in trying to excuse his decision to omit that litigation history. Signed by Judge Roy K. Altman on 4/28/2025. See attached document for full details. (pcs) (Entered: 04/29/25) |
| 2:23-cv-14395-RKA | 04/30/25 | 04/30/25 | 150 | PAPERLESS ORDER Setting In-Person Evidentiary Hearing in light of ECF No. [149]. In-Person Evidentiary Hearing set for Monday, July 7, 2025, at 01:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 4/30/2025. (vbi) (Entered: 04/30/25) |
| 2:23-cv-14395-RKA | 05/16/25 | 05/16/25 | 151 | PAPERLESS ORDER. An evidentiary hearing is scheduled for July 7, 2025, on whether this case should be dismissed without prejudice as malicious under 28 U.S.C. § 1915(e)(2)(B)(i). See Paperless Order [ECF No. 150]. Until we resolvethis issue, we'll DENY without prejudice the Defendant's [127] Motion for Summary Judgment ("MSJ"). If we don't dismiss this case, we will direct the Defendants to refile their MSJ. Signed by Judge Roy K. Altman on 5/16/2025. (gan) (Entered: 05/16/25) |
| 2:23-cv-14395-RKA | 06/23/25 | 06/23/25 | 152 | Plaintiff's ex-parte Motion for Extension of Time to Conduct the July 7, 2025, Evidentiary Hearing.(vbi) (Entered: 06/23/25) |
| 2:23-cv-14395-RKA | 06/23/25 | 06/23/25 | 153 | PAPERLESS ORDER. On 6/20/2025, the Plaintiff called Chambers and left a voicemail asking to extend the 7/7/2025, Evidentiary Hearing by 30 days. The Court construes this voicemail to be an ex-parte motion for extension of time. Plaintiff's [152] ex-parte Motion is DENIED without prejudice for failure to comply with the Federal Rules of Civil Procedure, the Local Rules, and this Court's prior Order at ECF No. [93]. Future motions must comply with the Federal Rulesof Civil Procedure and the Local Rules. Failure to comply may result in sanctions. Signed by Magistrate Judge Bruce E. Reinhart on 6/23/2025. (vbi) (Entered: 06/23/25) |
| 2:23-cv-14395-RKA | 07/02/25 | 07/02/25 | 154 | NOTICE RE: Defendants' Evidentiary Hearing Brief by Mark Borrow, Mark Phillips re [149] Order Referring Case to Magistrate Judge,, (Jolly, Andrew) (Entered: 07/02/25) |
| 2:23-cv-14395-RKA | 07/07/25 | 07/07/25 | 155 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Evidentiary Hearing held on 7/7/2025. Total time in court: 5 minutes. The Plaintiff failed to appear. (Digital: 20250707BER/13:18:19) (vbi) (Entered: 07/07/25) |
| 2:23-cv-14395-RKA | 07/07/25 | 07/07/25 | 156 | PAPERLESS ORDER. At 12:54PM, on 7/7/2025, the Plaintiff called Chambers and left a voicemail saying that he is unable to attend today's hearing due to health issues and that he no longer has access to his pacer account. No later than 7/28/2025, the Plaintiff shall file documentation explaining his failure to appear and providing proof of any alleged health issues and access issues relating to his pacer account. The Clerk of Court is directed to send a copy of this Order to the Plaintiff via mail. Signed by Magistrate Judge Bruce E. Reinhart on 7/7/2025. (vbi) (Entered: 07/07/25) |
| 2:23-cv-14395-RKA | 07/08/25 | 07/08/25 | 157 | Clerk's NOTICE of Compliance re [156] Order: Order mailed to Plaintiff. (pcs) (Entered: 07/08/25) |
| 2:23-cv-14395-RKA | 08/04/25 | 08/04/25 | 158 | PAPERLESS ORDER TO SHOW CAUSE. The Plaintiff's deadline to provide documentation explaining his failure to appear at the July 2025, Evidentiary Hearing was 7/28/2025. ECF Nos 155, 156. To date, the Plaintiff has failed to comply. Accordingly, no later than 8/18/2025, the Plaintiff shall show cause why he failed to appear at the July 2025, Evidentiary Hearing. Continued failure to comply with the Court's Orders may result in this Court recommending that Plaintiff's claims be dismissed with prejudice. Signed by Magistrate Judge Bruce E. Reinhart on 8/4/2025. (vbi) (Entered: 08/04/25) |
| 2:23-cv-14395-RKA | 08/29/25 | 09/02/25 | 159 | MOTION to Furnish a Full Copy of the Appendix by Keith Robert Doherty. (kpe) (Entered: 09/02/25) |
| 2:23-cv-14395-RKA | 08/29/25 | 09/02/25 | 160 | NOTICE of Change of Address by Keith Robert Doherty. Address updated. (kpe) (Entered: 09/02/25) |
| 2:23-cv-14395-RKA | 08/29/25 | 09/02/25 | 161 | REQUEST for Clarification by Keith Robert Doherty. Responses due by 9/12/2025. (blc) (Entered: 09/02/25) |
| 2:23-cv-14395-RKA | 08/29/25 | 09/02/25 | 162 | STRICKEN Notice of Appeal re [158] Order to Show Cause, [156] Order, by Keith Robert Doherty. Filing Fee: NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (jgo) Modified PER DE# [170] on 10/9/2025 (jas). (Entered: 09/02/25) |
| 2:23-cv-14395-RKA | 09/02/25 | 09/02/25 | 0 | Transmission of Notice of Appeal, Orders under appeal, and Docket Sheet to US Court of Appeals re [162] Notice of Appeal. Notice has been electronically mailed. (jgo) (Entered: 09/02/25) |
| 2:23-cv-14395-RKA | 09/02/25 | 09/02/25 | 163 | CLERK'S NOTICE of Mailing Pro Se Instructions to Keith Robert Doherty re [162] Notice of Appeal. (jgo) (Entered: 09/02/25) |
| 2:23-cv-14395-RKA | 09/03/25 | 09/03/25 | 164 | RESPONSE to Motion re [161] MOTION for clarification filed by Mark Borrow, Mark Phillips. Replies due by 9/10/2025. (Attachments: # (1) Exhibit A-Plaintiff's Recent Arrest Records)(Jolly, Andrew) (Entered: 09/03/25) |
| 2:23-cv-14395-RKA | 09/04/25 | 09/04/25 | 165 | Acknowledgment of Receipt of NOA from USCA re [162] Notice of Appeal, filed by Keith Robert Doherty. Date received by USCA: 09/02/2025. USCA Case Number: 25-13022-J. (jgo) (Entered: 09/04/25) |
| 2:23-cv-14395-RKA | 09/08/25 | 09/08/25 | 166 | PAPERLESS ORDER granting [159] Plaintiff's request for a copy of the docket. The Clerk of Court is hereby directed to mail of copy of the docket to the Plaintiff's updated address at the John E. Polk Correctional Facility. Signed by Magistrate Judge Bruce E. Reinhart on 9/8/2025. (vbi) (Entered: 09/08/25) |
| 2:23-cv-14395-RKA | 09/09/25 | 09/09/25 | 167 | Clerk's NOTICE of Compliance re [166] Order on Motion to Produce: Updated Docket Sheet mailed to Plaintiff. (pcs) (Entered: 09/09/25) |
| 2:23-cv-14395-RKA | 09/12/25 | 09/12/25 | 168 | TRANSCRIPT ORDER FORM filed by Keith Robert Doherty re [162] Notice of Appeal, filed by Keith Robert Doherty. No Transcript Requested. (jgo) (Entered: 09/12/25) |
| 2:23-cv-14395-RKA | 09/25/25 | 09/26/25 | 169 | ORDER of DISMISSAL from USCA. This appeal is DISMISSED for want of prosecution because the Appellant Keith Robert Doherty failed to pay the filing and docketing fees (or file a motion in the district court for relief from the obligation to pay in advance the full fee) to the district court and failed to comply with the rules on Certificates of Interested Persons and Corporate Disclosure Statements within the time fixed by the rules as to [162] Notice of Appeal, filed by Keith Robert Doherty. USCA 25-13022-J (jgo) (Entered: 09/26/25) |
| 2:23-cv-14395-RKA | 10/08/25 | 10/09/25 | 170 | ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation whether this case should be dismissed without prejudice as malicious under 28 U.S.C. § 1915(e)(2)(B)(i) because of Doherty's failure to disclose hislitigation history and/or because Doherty lied in trying to excuse his decision to omit that litigation history; and b. in the alternative, whether this case should be dismissed--either with or without prejudice--for Doherty's failure to appearat the July 7, 2025 evidentiary hearing and his subsequent failures to comply with court order. Signed by Judge Roy K. Altman on 10/8/2025. See attached document for full details. (jas) (Entered: 10/09/25) |
| 2:23-cv-14395-RKA | 10/10/25 | 10/10/25 | 171 | PAPERLESS ORDER denying as moot [161] Motion for Clarification in light of ECF No. [170]. Counsel for Defendants is directed to coordinate with the facility where the Plaintiff is housed to confirm whether the facility has video conferencing capabilities. If so, the parties are directed to meet, confer, and provide joint proposed dates for a Zoom hearing. Signed by Magistrate Judge Bruce E. Reinhart on 10/10/2025. (vbi) (Entered: 10/10/25) |
| 2:23-cv-14395-RKA | 10/14/25 | 10/15/25 | 172 | ORDER TO SHOW CAUSE. Accordingly, no later than October 28, 2025, the Plaintiff shall either (1) conventionally file a Notice of Current Address with updated contact information, or (2) file a written response that explains why Plaintiff is unable to do so. Signed by Magistrate Judge Bruce E. Reinhart on 10/14/2025. See attached document for full details. (blc) (Entered: 10/15/25) |
| 2:23-cv-14395-RKA | 10/15/25 | 10/15/25 | 173 | Clerk's NOTICE of Compliance per [172] Order to Show Cause, copy order mailed to plaintiff at John E. Polk Correctional Facility, 211 Eslinger Way, Sanford, FL 32773. (blc) (Entered: 10/15/25) |
| 2:23-cv-14395-RKA | 10/31/25 | 10/31/25 | 174 | Consent by Pro Se Litigant (Non-Prisoner) Keith Robert Doherty to receive Notices of Electronic Filing at email address: keithdoherty5@gmail.com (blc) (Entered: 10/31/25) |
| 2:23-cv-14395-RKA | 11/12/25 | 11/12/25 | 175 | REPORT AND RECOMMENDATION REGARDING DISMISSAL. Objections to R&R due by 11/26/2025 Signed by Magistrate Judge Bruce E. Reinhart on 11/12/2025. See attached document for full details. (blc) (Entered: 11/12/25) |
| 2:23-cv-14395-RKA | 11/17/25 | 11/17/25 | 176 | NOTICE of Non-Objection to Magistrate Judge's Report and Recommendation by Mark Borrow, Mark Phillips re [175] REPORT AND RECOMMENDATIONS on MANDAMUS case re [170] Order Referring Case to Magistrate Judge,, Recommending Case bedismissed. (Jolly, Andrew) (Entered: 11/17/25) |
| 2:23-cv-14395-RKA | 11/21/25 | 11/21/25 | 177 | OBJECTIONS to [175] Report and Recommendations, and MOTION for Extension of Time to Prepare Opposition to the Magistrate Report by Keith Robert Doherty. (jas) (Entered: 11/21/25) |
| 2:23-cv-14395-RKA | 12/08/25 | 12/08/25 | 178 | PAPERLESS ORDER. The Plaintiff, Keith Robert Doherty, has filed a "Notice of Objection to Magistrate Judge's Report and Recommendation" [ECF No. 177], which we'll liberally construe as a motion for an extension of time to file his objections to Magistrate Judge Reinhart's [175] Report and Recommendation ("R&R"). That R&R suggested that we dismiss Doherty's case with prejudice under Federal Rule of Civil Procedure 41(b). Doherty asks us for "a short extension of time to prepare his argument and prove to this [C]ourt that dismissal is unwarranted"—but he doesn't tell us how much more time he needs, hasn't conferred with the Defendants, and has failed to demonstrate any good cause for an extension. Notice of Obj. at 1. Given "the strong policy of determining cases on their merits," though, we'll nevertheless allow Doherty to file his objections by December 15, 2025. Fla. Physician's Ins. Co. v. Ehlers, 8 F.3d 780, 783 (11th Cir. 1993). We won't grant him another extension, and we warn Doherty that, if he fails to timely file his objections, we'll adopt Magistrate Judge Reinhart's R&R without objection and dismiss his case with prejudice. Signed by Judge Roy K. Altman on 12/8/2025. (gan) (Entered: 12/08/25) |
| 2:23-cv-14395-RKA | 12/08/25 | 12/09/25 | 0 | Set/Reset Deadlines/Hearings per DE [178] as to [175] REPORT AND RECOMMENDATIONS on MANDAMUS case re [170] Order Referring Case to Magistrate Judge Recommending Case be dismissed. Objections to R&R due by 12/15/2025 (pcs) (Entered: 12/09/25) |
| 2:23-cv-14395-RKA | 12/11/25 | 12/12/25 | 179 | MOTION for Clarification re [59] NOTICE of Defendant's Failure To Comply With Court Order And Certificate Of Compliance Done In Bad Faith by Keith Robert Doherty. Responses due by 12/29/2025. (jas) Modified Text and Docket Relationship on 12/12/2025 (wce). (Entered: 12/12/25) |
| 2:23-cv-14395-RKA | 12/12/25 | 12/12/25 | 180 | Clerk's Notice of Docket Correction re [179] MOTION for clarification [56] Order on Motion for Miscellaneous Relief,,,,,. Incorrect Document Link; Document correctly linked to DE# [59] by the Clerk. (wce) (Entered: 12/12/25) |
| 2:23-cv-14395-RKA | 12/16/25 | 12/16/25 | 181 | PAPERLESS ORDER denying Keith Doherty's [179] Motion for Clarification. As best we can tell, Doherty asks us to clarify whether we ever "answered" a [59] notice he filed over a year ago, in which Doherty alerted us to the Defendants' purported failure to comply with discovery rules. Motion for Clarification [ECF No. 179] at 2 ("Please clarify how Docket 59 did not get answered and lead to an overwhelming advantage to the Defendants."); see also Noticeof Defendant's Failure to Comply [ECF No. 59]. We won't elaborate on the history of this case, and we're not sure why Doherty has chosen to re-raise outdated discovery matters rather than timely object to Magistrate Judge Reinhart's [175] Report and Recommendation, which recommends that we dismiss this case with prejudice. At any rate, Magistrate Judge Reinhart had previously directed the Defendants to produce all "the outlined documents" Doherty identified in his subsequent [62] Motion to Authorize Subpoena and [63] Motion to Apply Sanctions and Compel Discovery. What's more, all of Doherty's remaining discovery concerns were addressed at an in-person discovery status conference on November 18, 2024, during which Magistrate Judge Reinhart "order[ed]" the Defendants to "seek and turn over medical records" Doherty requested "to the extent they ha[d] not already been produced and exist." Defendant's Response to Plaintiff's Motion to Strike Use of Medical Records [ECF No. 102] at 8. In short, Doherty now faces potential dismissal of his case—not because of any discovery-related disputes—but because Magistrate Judge Reinhart has determined that Doherty has shown "a clear record of delay and contumacious conduct." Report and Recommendation [ECF No. 175] at 6. Signed by Judge Roy K. Altman on 12/16/2025. (gan) (Entered: 12/16/25) |
| 2:23-cv-14395-RKA | 01/21/26 | 01/21/26 | 182 | ORDER. The Report and Recommendation ECF No. [175] is ACCEPTED and ADOPTED in full. This case is DISMISSED with prejudice because of Doherty's willful, flagrant, and repeated failure to comply with court orders. See FED. R. CIV. P. 41(b). All pending motions are DENIED as moot, and all deadlines are TERMINATED. The Clerk of Court shall CLOSE this case. Signed by Judge Roy K. Altman on 1/21/2026. See attached document for full details. (blc) (Additional attachment(s) added on 1/21/2026: # (2) Exhibit October 15, 2025 Filing Receipt, # (3) Exhibit July 7, 2025 Filing Receipt, # (4) Exhibit September 8, 2025 Filing Receipt) (jao). (Entered: 01/21/26) |
| 2:23-cv-14395-RKA | 02/04/26 | 02/04/26 | 183 | MOTION to Tax Costs And Memorandum of Law by Mark Borrow, Mark Phillips. Responses due by 2/18/2026. (Attachments: # (1) Exhibit A-Defendants' Bill of Costs, # (2) Exhibit B-Composite Exhibit-Invoice (s))(Jolly, Andrew) (Entered: 02/04/26) |
| 2:23-cv-14395-RKA | 02/24/26 | 02/25/26 | 184 | Notice of Appeal re [182] Order Adopting Report and Recommendations, Terminate Motions, Terminate Deadlines and Hearings, Order on Report and Recommendations, by Keith Robert Doherty. Filing Fee: NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (jgo) (Entered: 02/25/26) |
| 2:23-cv-14395-RKA | 02/25/26 | 02/25/26 | 0 | Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re [184] Notice of Appeal. Notice has been electronically mailed. (jgo) (Entered: 02/25/26) |
| 2:23-cv-14395-RKA | 02/25/26 | 02/25/26 | 185 | CLERK'S NOTICE of Mailing Pro Se Instructions to Keith Robert Doherty re [184] Notice of Appeal. (jgo) (Entered: 02/25/26) |
| 2:23-cv-14395-RKA | 02/26/26 | 02/27/26 | 186 | Acknowledgment of Receipt of NOA from USCA re [184] Notice of Appeal, filed by Keith Robert Doherty. Date received by USCA: 02/25/2026. USCA Case Number: 26-10621-E. (jgo) (Entered: 02/27/26) |
| 2:23-cv-14395-RKA | 03/09/26 | 03/09/26 | 187 | PAPERLESS ORDER. The Defendants filed a [183] Motion to Tax Costs. That motion was sent to Doherty's e-mail address at keithdoherty5@gmail.com. See Motion to Tax Costs [ECF No. 183] at 4. Doherty hasn't responded, so themotion would be ripe for decision—except we think that Doherty hasn't received notice of the motion at all. See generally Docket. That's because when he filed his [184] Notice of Appeal, Doherty revealed to us that he'd returned to state prison after we dismissed this case. See Notice of Appeal [ECF No. 184] at 1 ("I am an inmate confined to an institution today . . . [and] I am depositing the Notice of Appeal . . . in the Institution's internal mail system[.]"). So, here's what we'll do: First, we ORDER the Defendants to mail a copy of their [183] Motion to Tax Costs to Doherty's current address by March 11, 2026. Second, by that date, the Defendants must certify their attempts to confer with Doherty in good faith as required by Local Rule 7.1(a)(3)—or else we'll strike their motion. Third, Doherty will have until March 25, 2026, to respond to the motion. See S.D. Fla. 7.1(c)(1) (requiring parties to "file and serve an opposing memorandum of law no later than fourteen (14) days after service of the motion"). If Doherty doesn't timely respond, we'll find that he's unopposed to any award of costs. See Jones v. Bank of Am., N.A., 564 F. App'x 432, 434 (11th Cir. 2014) ("A party's failure to respond to any portion or claim in a motion indicates such portion, claim ordefense is unopposed."); Corwin v. Walt Disney Co., 475 F.3d 1239, 1255 (11th Cir. 2007) ("Because the objection [to the Clerk's taxation of costs] was untimely, the district court did not abuse its discretion in failing to address the objection on the merits."). Signed by Judge Roy K. Altman on 3/9/2026. (gan) (Entered: 03/09/26) |
| 2:23-cv-14395-RKA | 03/10/26 | 03/10/26 | 188 | NOTICE of Compliance by Mark Borrow, Mark Phillips re [187] Order,,,,,,,, (Attachments: # (1) Exhibit A-Proof of Mailing- Motion to Tax Costs, # (2) Exhibit B-Email Communication) (Jolly, Andrew) (Entered: 03/10/26) |
| 2:23-cv-14395-RKA | 03/12/26 | 03/13/26 | 189 | MOTION for Leave to Appeal in forma pauperis by Keith Robert Doherty. Responses due by 3/26/2026. (Attachments: # (1) Exhibit Proposed Order)(jgo) (Entered: 03/13/26) |
| 2:23-cv-14395-RKA | 03/12/26 | 03/13/26 | 190 | TRANSCRIPT ORDER FORM filed by Keith Robert Doherty re [184] Notice of Appeal, filed by Keith Robert Doherty. Transcript Requested. Counsel/Party submitting transcript order form: Keith Robert Doherty. Link to Circuit Transcript Order Form PDFsent to: Court Reporter Coordinator. Digitial/DAR file name(s): 13:15:02, BER_1_10.22.2024,BER_1_8.23.2024 (jgo) (Entered: 03/13/26) |
| 2:23-cv-14395-RKA | 03/20/26 | 03/20/26 | 191 | ORDER granting [189] Motion for Leave to Appeal in forma pauperis. Signed by Judge Roy K. Altman on 3/20/2026. See attached document for full details. (jgo) (Entered: 03/20/26) |
| 2:23-cv-14395-RKA | 03/23/26 | 03/23/26 | 192 | CLERK'S NOTICE of Compliance re [191] Order on Motion for Leave to Appeal in forma pauperis. (A copy of the Order was sent via mail to filer and Pennsylvania Department of Corrections and via email to our court's Financial Department.) (jgo) (Entered: 03/23/26) |
| 2:23-cv-14395-RKA | 03/31/26 | 03/31/26 | 193 | PAPERLESS ORDER referring [183] Motion to Tax Costs to U.S. Magistrate Judge Bruce E. Reinhart for a ruling. Signed by Judge Roy K. Altman on 3/31/2026. (gan) (Entered: 03/31/26) |
| 2:23-cv-14395-RKA | 04/20/26 | 04/20/26 | 194 | AMENDED ORDER re [191] Order on Motion for Leave to Appeal in forma pauperis Signed by Judge Roy K. Altman on 4/20/2026. See attached document for full details. (jgo) (Entered: 04/20/26) |
| 2:23-cv-14395-RKA | 04/20/26 | 04/20/26 | 195 | CLERK'S NOTICE of Compliance re [194] Amended Order. A copy of the Amended Order was forwarded via mail to the Plaintiff and the Pennsylvania Department of Corrections and via email to our court's Financial Department and the USCA for the Eleventh Circuit. (jgo) (Entered: 04/20/26) |
| 2:23-cv-14395-RKA | 04/28/26 | 04/30/26 | 197 | COURT REPORTER ACKNOWLEDGMENT re [190] Circuit Transcript Order Form,. Court Reporter: Joanne Mancari, jemancari@gmail.com. Estimated filing date of transcript 05/26/2026. (jgo) (Entered: 04/30/26) |
| 2:23-cv-14395-RKA | 04/29/26 | 04/30/26 | 196 | REPORT AND RECOMMENDATION ON MOTION TO TAX COSTS (AND MEMORANDUM OF LAW) ECF No. [183]. Accordingly, this Court RECOMMENDS that the District Court GRANT in part and DENY in part the Motion. A party shall serve and file written objections, if any,to this Report and Recommendation with the Honorable Roy Altman, United States District Court for the Southern District of Florida, within FOURTEEN (14) DAYS of being served with a copy of this Report and Recommendation. Signed by Magistrate Judge Bruce E. Reinhart on 4/29/2026. See attached document for full details. (blc) (Entered: 04/30/26) |
| 2:23-cv-14395-RKA | 05/05/26 | 05/05/26 | 198 | NOTICE of Non-Objection to Magistrate's Report and Recommendation by Mark Borrow, Mark Phillips re [196] REPORT AND RECOMMENDATIONS on MANDAMUS case re [183] MOTION to Tax Costs And Memorandum of Law filed by Mark Borrow, Mark Phillips Recommending Motion be Granted In Part and Denied In Part., [183] MOTION to Tax Costs And Memorandum of Law (Jolly, Andrew) (Entered: 05/05/26) |
| 2:23-cv-14395-RKA | 05/18/26 | 05/20/26 | 200 | TRANSCRIPT of Discovery Hearing held on 08/23/2024 before Magistrate Judge Bruce E. Reinhart, 1-36 pages, re: [184] Notice of Appeal, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/8/2026. Redacted Transcript Deadline set for 6/18/2026. Release of Transcript Restriction set for 8/17/2026. (jgo) (Entered: 05/20/26) |
| 2:23-cv-14395-RKA | 05/18/26 | 05/20/26 | 201 | TRANSCRIPT of Discovery Hearing held on 10/22/2024 before Magistrate Judge Bruce E. Reinhart, 1-14 pages, re: [184] Notice of Appeal, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/8/2026. Redacted Transcript Deadline set for 6/18/2026. Release of Transcript Restriction set for 8/17/2026. (jgo) (Entered: 05/20/26) |
| 2:23-cv-14395-RKA | 05/18/26 | 05/20/26 | 202 | TRANSCRIPT of Status Conference held on 11/18/2024 before Magistrate Judge Bruce E. Reinhart, 1-34 pages, re: [184] Notice of Appeal, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/8/2026. Redacted Transcript Deadline set for 6/18/2026. Release of Transcript Restriction set for 8/17/2026. (jgo) (Entered: 05/20/26) |
| 2:23-cv-14395-RKA | 05/18/26 | 05/20/26 | 203 | TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 03/09/2026 by Keith Robert Doherty, have been filed by Court Reporter: Joanne Mancari, jemancari@gmail.com re [190] Circuit Transcript Order Form, [184] Notice of Appeal, [197] Court Reporter Acknowledgment. (jgo) (Entered: 05/20/26) |
| 2:23-cv-14395-RKA | 05/20/26 | 05/20/26 | 199 | ORDER ADOPTING REPORT AND RECOMMENDATION ECF No. [196]. Signed by Judge Roy K. Altman on 5/19/2026. See attached document for full details. (blc) (Entered: 05/20/26) |
| 2:23-cv-14395-RKA | 06/04/26 | 06/04/26 | 204 | Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: [184] Notice of Appeal, Appeal No. 26-10621-EE. The entire record on appeal is available electronically. (jgo) (Entered: 06/04/26) |
| 2:23-cv-14395-RKA | 06/05/26 | 06/05/26 | 205 | Certified and Transmitted Electronic Record on Appeal to US Court of Appeals re [184] Notice of Appeal. USCA 26-10621-EE (jgo) (Entered: 06/05/26) |