Updated: 11/03/2026 03:05 PM
Case Title: McDougle, Jr. v. Wal-Mart, Inc.Assigned To: Judge Rodney SmithFiled: 06/10/25Terminated:Nature of Suit: 440 Civil Rights: OtherCause: 28:1983 Civil Rights
| Plaintiff: Anthony G. McDougle, Jr. | represented by | Anthony G. McDougle, Jr. Everglades Correctional Institution Inmate Mail/Parcels 1599 SW 187th Avenue Miami, FL 33194 PRO SE |
| Defendant: Wal-Mart, Inc. | represented by | Adrian Lazaro Del Valle The Del Valle Law Firm, PLLC 2125 Biscayne Boulevard Suite 204 (# 23371) Miami, FL 33137 786-505-4923 adrian@delvallefirm.com TERMINATED:10/06/2026 |
| Rebecca Valentina Aroca Rebecca Aroca Quintairos, Prieto, Wood, & Boyer, P.A. 9300 South Dadeland Boulevard, Floor 4 Miami, FL 33155 305-775-0900 rebecca.aroca@qpwblaw.com | ||
| Defendant: Ryne Hopkins | represented by | Michael Ross Piper Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. International Building 2455 E Sunrise Boulevard Suite 1000 Fort Lauderdale, FL 33304-0220 954-463-0100 piper@jambg.com |
| Defendant: Mark Jordan | ||
| Defendant: John Doe (2) | ||
| Defendant: John Doe (1) |
| Case Number | Filed | Entered | Document Number | Docket Text |
|---|---|---|---|---|
| 0:25-cv-61166-RS | 06/10/25 | 06/10/25 | 1 | COMPLAINT against Wal-Mart, Inc. Filing fees $ 405.00. IFP Filed, filed by Anthony G. McDougle, Jr.(caw) (Entered: 06/10/25) |
| 0:25-cv-61166-RS | 06/10/25 | 06/10/25 | 2 | Judge Assignment to Magistrate Judge Panayotta D. Augustin-Birch. (caw) (Entered: 06/10/25) |
| 0:25-cv-61166-RS | 06/10/25 | 06/10/25 | 3 | MOTION for Leave to Proceed in forma pauperis by Anthony G. McDougle, Jr. (caw) (Entered: 06/10/25) |
| 0:25-cv-61166-RS | 06/16/25 | 06/16/25 | 4 | Clerk's Notice of Judge Assignment to Judge Raag Singhal. Magistrate Judge Panayotta D. Augustin-Birch no longer assigned to case. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Straussis 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. (caw) (Entered: 06/16/25) |
| 0:25-cv-61166-RS | 06/22/25 | 06/22/25 | 5 | ORDER OF RECUSAL. Judge Raag Singhal recused. Case reassigned to Judge Rodney Smith for all further proceedings. Signed by Judge Raag Singhal on 6/18/2025. See attached document for full details. (yar) (Entered: 06/22/25) |
| 0:25-cv-61166-RS | 08/07/25 | 08/08/25 | 6 | NOTICE of Change of Address/Contact Information; by Anthony G. McDougle, Jr. Address Updated. (wce) (Entered: 08/08/25) |
| 0:25-cv-61166-RS | 08/11/25 | 08/12/25 | 7 | MOTION for Leave to Appear at all hearings/Letter to Judge Rodney Smith by Anthony G. McDougle, Jr. Responses due by 8/25/2025. (scn) (Entered: 08/12/25) |
| 0:25-cv-61166-RS | 08/29/25 | 09/02/25 | 8 | ORDER OF REFERENCE: It is ORDERED that the following motions are REFERRED to Magistrate Judge Strauss for appropriate rulings: Plaintiff's Motion to Proceed in forma pauperis [DE [3]]. Signed by Judge Rodney Smith on 8/29/2025. See attached document for full details. (wce) (Entered: 09/02/25) |
| 0:25-cv-61166-RS | 09/02/25 | 09/02/25 | 9 | PAPERLESS ORDER granting [3] Motion for Leave to Proceed in forma pauperis. The motion sufficiently demonstrates that Plaintiff is unable to pay the costs for this proceeding. See 28 U.S.C. § 1915. Signed by Magistrate Judge Jared M. Strauss on 9/2/2025. (emd) (Entered: 09/02/25) |
| 0:25-cv-61166-RS | 09/02/25 | 09/02/25 | 10 | ORDER OF REFERENCE: It is ORDERED that this matter is REFERRED to Magistrate Judge Strauss for a ruling on all non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge Rodney Smith on 9/2/2025. See attached document for full details. (wce) (Entered: 09/02/25) |
| 0:25-cv-61166-RS | 09/02/25 | 09/02/25 | 11 | PAPERLESS ORDER denying without prejudice [7] Motion for Leave to Appear at all hearings. In the event the Court schedules a hearing, Plaintiff may renew his request at that time. Signed by Magistrate Judge Jared M. Strauss on 9/2/2025. (emd) (Entered: 09/02/25) |
| 0:25-cv-61166-RS | 11/25/25 | 11/25/25 | 12 | NOTICE of Change of Address/Contact Information; by Anthony G. McDougle, Jr. Address Updated. (wce) (Entered: 11/25/25) |
| 0:25-cv-61166-RS | 12/09/25 | 12/09/25 | 13 | MOTION for Extension of Time to Amend [1] Complaint by Anthony G. McDougle, Jr. Responses due by 12/23/2025. (wce) (Entered: 12/09/25) |
| 0:25-cv-61166-RS | 12/30/25 | 12/30/25 | 14 | AMENDED COMPLAINT against Wal-Mart, Inc., Mark Jordan, Ryne Hopkins, John Doe (1), and John Doe (2), filed by Anthony G. McDougle, Jr..(wce) (Entered: 12/30/25) |
| 0:25-cv-61166-RS | 01/10/26 | 01/10/26 | 15 | ORDER granting in part and denying in part [13] Motion for Extension of Time. Amended Complaint due by 2/9/2026. Signed by Magistrate Judge Jared M. Strauss on 1/10/2026. See attached document for full details. (emd) (Entered: 01/10/26) |
| 0:25-cv-61166-RS | 02/09/26 | 02/09/26 | 16 | SECOND AMENDED COMPLAINT against John Doe (1), John Doe (2), Ryne Hopkins, Mark Jordan, and Wal-Mart, Inc., filed by Anthony G. McDougle, Jr.(wce) (Entered: 02/09/26) |
| 0:25-cv-61166-RS | 02/09/26 | 02/09/26 | 17 | Clerk's Notice to Filer re: [16] Summons(es) will not be issued. Attorney or Pro Se party's return address is not listed. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (wce) (Entered: 02/09/26) |
| 0:25-cv-61166-RS | 02/09/26 | 02/09/26 | 18 | Plaintiff's Motion for Service by U.S. Marshall's Office by Anthony G. McDougle, Jr. Responses due by 2/23/2026. (wce) (Entered: 02/09/26) |
| 0:25-cv-61166-RS | 02/12/26 | 02/12/26 | 19 | Summons Issued as to Ryne Hopkins, Mark Jordan, and Wal-Mart, Inc.(wce) (Entered: 02/12/26) |
| 0:25-cv-61166-RS | 02/12/26 | 02/12/26 | 20 | PAPERLESS ORDER granting in part and denying in part [18] Plaintiff's Motion for Service by U.S. Marshal's Office. The Marshal shall serve the summonses (DE [19]) and Second Amended Complaint on Defendants Ryne Hopkins, Mark Jordan, and Wal-Mart, Inc. However, the motion is denied with respect to the John Doe Defendants because Plaintiff "failed to describe the John Doe defendants with enough specificity to enable service of process." Vielma v. Gruler, 808 F. App'x 872, 880 (11th Cir. 2020). Signed by Magistrate Judge Jared M. Strauss on 2/12/2026. (emd) (Entered: 02/12/26) |
| 0:25-cv-61166-RS | 02/24/26 | 02/25/26 | 21 | Summons (Affidavit) Returned Unexecuted as to Mark Jordan. (wce) (Entered: 02/25/26) |
| 0:25-cv-61166-RS | 02/24/26 | 02/25/26 | 22 | SUMMONS (Affidavit) Returned Executed on [16] Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Anthony G. McDougle, Jr.. Wal-Mart, Inc. served on 2/24/2026, response/answer due 3/17/2026. (wce) (Entered: 02/25/26) |
| 0:25-cv-61166-RS | 02/27/26 | 02/27/26 | 23 | NOTICE of Filing Proposed Summons(es) by Anthony G. McDougle, Jr. (Attachments: # (1) Summon(s)) (wce) (Entered: 02/27/26) |
| 0:25-cv-61166-RS | 02/27/26 | 02/27/26 | 24 | Summons Issued as to Ryne Hopkins, Mark Jordan, and Wal-Mart, Inc.. (wce) (Entered: 02/27/26) |
| 0:25-cv-61166-RS | 03/03/26 | 03/03/26 | 25 | NOTICE of Attorney Appearance by Michael Ross Piper on behalf of Ryne Hopkins. Attorney Michael Ross Piper added to party Ryne Hopkins(pty:dft). (Piper, Michael) (Entered: 03/03/26) |
| 0:25-cv-61166-RS | 03/16/26 | 03/16/26 | 26 | ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Ryne Hopkins. (Piper, Michael) (Entered: 03/16/26) |
| 0:25-cv-61166-RS | 03/16/26 | 03/16/26 | 27 | NOTICE of Attorney Appearance by Adrian Lazaro Del Valle on behalf of Wal-Mart, Inc.. Attorney Adrian Lazaro Del Valle added to party Wal-Mart, Inc.(pty:dft). (Del Valle, Adrian) (Entered: 03/16/26) |
| 0:25-cv-61166-RS | 03/17/26 | 03/17/26 | 28 | NOTICE of Attorney Appearance by Rebecca Valentina Aroca on behalf of Wal-Mart, Inc.. Attorney Rebecca Valentina Aroca added to party Wal-Mart, Inc.(pty:dft). (Aroca, Rebecca) (Entered: 03/17/26) |
| 0:25-cv-61166-RS | 03/17/26 | 03/17/26 | 29 | Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wal-Mart, Inc.. Responses due by 3/31/2026. (Attachments: # (1) Exhibit State court criminal docket, # (2) Exhibit Probable Cause Affidavit, # (3) Exhibit State criminalcourt 7.27.23 order re misidentification)(Del Valle, Adrian) (Entered: 03/17/26) |
| 0:25-cv-61166-RS | 03/19/26 | 03/19/26 | 30 | ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS: By April 10, 2026, the parties shall:Prepare and file a Joint Scheduling Report, as required by Local Rule 16.1 as well as File Certificates of Interested Parties and Corporate Disclosure Statements. Signed by Judge Rodney Smith on 3/19/2026. See attached document for full details. (wce) (Entered: 03/19/26) |
| 0:25-cv-61166-RS | 04/10/26 | 04/10/26 | 31 | ORDER re [29] Defendant's Motion to Dismiss. Plaintiff shall file a response to the Motion by April 24, 2026. If Plaintiff fails to do so, the Motion may be granted by default. Signed by Magistrate Judge Jared M. Strauss on 4/10/2026. See attached document for full details. (emd) (Entered: 04/10/26) |
| 0:25-cv-61166-RS | 04/10/26 | 04/10/26 | 32 | Defendant's Corporate Disclosure Statement and Certificate of Interested Persons by Wal-Mart, Inc. (Aroca, Rebecca) (Entered: 04/10/26) |
| 0:25-cv-61166-RS | 04/14/26 | 04/14/26 | 33 | MOTION for Extension of Time to file the Joint Scheduling Report and Written Discovery Plan by Wal-Mart, Inc.. Responses due by 4/28/2026. (Attachments: # (1) Text of Proposed Order Proposed Order)(Aroca, Rebecca) (Entered: 04/14/26) |
| 0:25-cv-61166-RS | 04/15/26 | 04/15/26 | 0 | Reset Deadline. Joint Scheduling Report due by 4/17/2026. Per De#34 (cds) (Entered: 04/15/26) |
| 0:25-cv-61166-RS | 04/15/26 | 04/15/26 | 34 | PAPERLESS ORDER granting [33] Defendants' Status Report and Motion for a Brief Extension of Time. The deadline for filing the Joint Scheduling Report and Written Discovery Plan is extended through April 17, 2026. Signed by Judge Rodney Smith on 4/15/2026. (hws) (Entered: 04/15/26) |
| 0:25-cv-61166-RS | 04/15/26 | 04/15/26 | 35 | Joint SCHEDULING REPORT - Rule 16.1 by Wal-Mart, Inc. (Attachments: # (1) Text of Proposed Order)(Aroca, Rebecca) (Entered: 04/15/26) |
| 0:25-cv-61166-RS | 04/21/26 | 04/21/26 | 36 | Notice of Never Receiving [29] Motion to Dismiss by Anthony G. McDougle, Jr. Responses due by 5/5/2026. A Copy of [29] mailed. (wce) Modified Text on 4/21/2026 (wce). (Entered: 04/21/26) |
| 0:25-cv-61166-RS | 04/21/26 | 04/21/26 | 37 | PAPERLESS ORDER re [36] Plaintiff's Notice of Never Receiving Motion to Dismiss. Although Plaintiff states he never received the motion, Defendant Wal-Mart's certificate of service in DE [29] certifies that the motion was mailed to Plaintiff. At any rate, the Court construes DE [36] as a motion to send Plaintiff a copy of DE [29] and as a request for an extension of time to respond to the motion to dismiss. The Court hereby GRANTS Plaintiff's motion (DE [36]). Defendant Wal-Martshall mail Plaintiff an additional copy of the motion and file a certificate of service by 4/23/2026. Plaintiff shall respond to the motion to dismiss by 5/8/2026. Failure to file a response to the motion by 5/8/2026 may result in the motion being granted by default. Signed by Magistrate Judge Jared M. Strauss on 4/21/2026. (emd) (Entered: 04/21/26) |
| 0:25-cv-61166-RS | 04/23/26 | 04/23/26 | 38 | NOTICE of Re-Mailing Documents to Plaintiff by Wal-Mart, Inc. re [37] Order on Motion for Extension of Time to File Response/Reply/Answer,,, (Aroca, Rebecca) (Entered: 04/23/26) |
| 0:25-cv-61166-RS | 04/24/26 | 04/24/26 | 39 | Response/Reply to Order Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements re [30] Order Requiring Joint Scheduling Report, by Anthony G. McDougle, Jr.. (pc) (Entered: 04/24/26) |
| 0:25-cv-61166-RS | 05/04/26 | 05/04/26 | 40 | SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE: Jury Trial set for 8/9/2027 before Judge Rodney Smith. Calendar Call set for 8/3/2027 09:00 AM before Judge Rodney Smith. Expert Discovery due by 1/15/2027. Fact Discovery due by 1/15/2027. Mediation Deadline 2/15/2027. In Limine Motions due by 7/5/2027. Dispositive Motions due by 3/5/2027. Pretrial Stipulation due by 7/5/2027. Signed by Judge Rodney Smith on 5/4/2026. See attached document for full details. (wce) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 05/04/26) |
| 0:25-cv-61166-RS | 05/04/26 | 05/04/26 | 41 | ORDER OF REFERRAL TO MEDIATION: Mediation Deadline 2/15/2027. Signed by Judge Rodney Smith on 5/4/2026. See attached document for full details. (wce) (Entered: 05/04/26) |
| 0:25-cv-61166-RS | 05/18/26 | 05/18/26 | 42 | REPLY to [29] Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Anthony G. McDougle, Jr.. Replies due by 5/26/2026. (scn) (Entered: 05/18/26) |
| 0:25-cv-61166-RS | 05/26/26 | 05/26/26 | 43 | RESPONSE in Support re [29] Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wal-Mart, Inc.. (Aroca, Rebecca) (Entered: 05/26/26) |
| 0:25-cv-61166-RS | 06/01/26 | 06/01/26 | 44 | NOTICE of Mediator Selection. Selected/Added James Munsey as Mediator. (Aroca, Rebecca) (Entered: 06/01/26) |
| 0:25-cv-61166-RS | 07/15/26 | 07/15/26 | 45 | NOTICE OF IN-PERSON MEDIATION by J. David Huskey, Jr.. Attorney J. David Huskey, Jr added to party J. David Huskey, Jr.(pty:med). (Huskey, J.) (Entered: 07/15/26) |
| 0:25-cv-61166-RS | 07/29/26 | 07/29/26 | 46 | Motion for Leave to File an Amended Complaint by Anthony G. McDougle, Jr. Responses due by 8/12/2026. (Attachments: # (1) Proposed 3rd Amended Complaint)(wce) (Entered: 07/29/26) |
| 0:25-cv-61166-RS | 07/29/26 | 07/29/26 | 47 | MOTION for Appointment of US Marshal as Special Process Server by Anthony G. McDougle, Jr. Responses due by 8/12/2026. (wce) (Entered: 07/29/26) |
| 0:25-cv-61166-RS | 08/14/26 | 08/14/26 | 48 | RESPONSE in Opposition re [46] MOTION for Leave to File MOTION to Amend/Correct [16] Amended Complaint/Amended Notice of Removal filed by Wal-Mart, Inc.. Replies due by 8/21/2026. (Del Valle, Adrian) (Entered: 08/14/26) |
| 0:25-cv-61166-RS | 08/14/26 | 08/14/26 | 49 | RESPONSE in Opposition re [46] MOTION for Leave to File MOTION to Amend/Correct [16] Amended Complaint/Amended Notice of Removal filed by Ryne Hopkins. Replies due by 8/21/2026. (Piper, Michael) (Entered: 08/14/26) |
| 0:25-cv-61166-RS | 09/25/26 | 09/25/26 | 50 | ORDER REQUIRING PLAINTIFF TO FILE NOTICE. Signed by Judge Rodney Smith on 9/25/2026. See attached document for full details. (wce) (Entered: 09/25/26) |
| 0:25-cv-61166-RS | 09/27/26 | 09/27/26 | 51 | REPORT AND RECOMMENDATION, recommending that [29] Defendant's Motion to Dismiss be GRANTED and that this action be dismissed with prejudice as to Defendants Wal-Mart, Inc., Mark Jordan, and John Doe 2. Objections to R&R due by 10/13/2026. Signed by Magistrate Judge Jared M. Strauss on 9/27/2026. See attached document for full details. (emd) (Entered: 09/27/26) |
| 0:25-cv-61166-RS | 09/27/26 | 09/27/26 | 52 | ORDER denying without prejudice [46] Motion for Leave to File an Amended Complaint; denying without prejudice [47] Motion for Appointment of US Marshal as Special Process Server. Signed by Magistrate Judge Jared M. Strauss on 9/27/2026. See attached document for full details. (emd) (Entered: 09/27/26) |
| 0:25-cv-61166-RS | 10/05/26 | 10/05/26 | 53 | NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Adrian Lazaro Del Valle (Del Valle, Adrian) (Entered: 10/05/26) |
| 0:25-cv-61166-RS | 10/06/26 | 10/06/26 | 54 | CLERK'S NOTICE - Attorney Admissions has accepted the address and email information change requests as submitted through attorneys PACER account for attorney Adrian Lazaro Del Valle re [53] Notice of Change of Address, Email or Law FirmName (noa1) (Entered: 10/06/26) |
| 0:25-cv-61166-RS | 10/06/26 | 10/06/26 | 55 | Corrected NOTICE of Change of Law Firm and Contact Information by Wal-Mart, Inc. re [53] Notice of Change of Address, Email or Law Firm Name (Del Valle, Adrian) (Entered: 10/06/26) |
| 0:25-cv-61166-RS | 10/06/26 | 10/06/26 | 56 | First MOTION to Withdraw as Attorney by Adrian L. Del Valle for / by Wal-Mart, Inc.. Responses due by 10/20/2026. (Attachments: # (1) Text of Proposed Order Proposed Order Granting Motion of Adrian L. Del Valle, Esq., to Withdraw as Counsel for Defendant Wal-Mart, Inc.)(Del Valle, Adrian) (Entered: 10/06/26) |
| 0:25-cv-61166-RS | 10/06/26 | 10/06/26 | 57 | PAPERLESS ORDER granting [56] Motion to Withdraw as Attorney. Adrian Lazaro Del Valle representing Wal-Mart, Inc. (Defendant) withdrawn from case. Wal-Mart, Inc. will continued to be represented by its other attorney of record, Rebecca Aroca. Signed by Magistrate Judge Jared M. Strauss on 10/6/2026. (emd) (Entered: 10/06/26) |
| 0:25-cv-61166-RS | 10/19/26 | 10/19/26 | 58 | NOTICE of Change of Address/Contact Information; by Anthony G. McDougle, Jr. Address Updated. (wce) (Entered: 10/19/26) |
| 0:25-cv-61166-RS | 10/19/26 | 10/19/26 | 59 | ORDER RE [58] PLAINTIFF'S NOTICE OF CHANGE OF ADDRESS: It is thereforeORDERED that the Clerk is DIRECTED TO MAIL Plaintiff copies of the following pleadings filed around or after September 30, 2026: DEs [50], [51], [52], [53], [54], [55], [56],and [57]. Signed by Judge Rodney Smith on 10/19/2026. See attached document for full details. (wce) (Entered: 10/19/26) |
| 0:25-cv-61166-RS | 10/19/26 | 10/19/26 | 60 | NOTICE of Compliance per Order at DE [59], the Clerk has mailed to the Plaintiff, a copy of the Order and the DE's listed in the Order. (wce) (Entered: 10/19/26) |
| 0:25-cv-61166-RS | 10/28/26 | 10/28/26 | 61 | MOTION for Referral to Volunteer Attorney Program by Anthony G. McDougle, Jr.. Responses due by 11/12/2026. (wce) (Entered: 10/28/26) |
| 0:25-cv-61166-RS | 10/30/26 | 10/30/26 | 62 | ORDER FOR REFERRAL TO VOLUNTEER ATTORNEY PROGRAM: The Clerk shall refer this matter to the Court's Volunteer Attorney Program. Plaintiff is cautioned that until an attorney volunteers to take this case, Plaintiff will have to continue to proceed pro se. Signed by Judge Rodney Smith on 10/30/2026. See attached document for full details. (wce) (Entered: 10/30/26) |