Updated: 09/30/2026 10:25 AM

U.S. District Court
Southern District of Florida
Docket for Case Number: 9:25-cv-80785-DMM

Case Title: Batista v. Saba
Assigned To: Judge Donald M. Middlebrooks
Filed: 06/23/25
Terminated: 12/17/25
Nature of Suit: 442 Civil Rights: Jobs
Cause: 42:1981 Job Discrimination (Race)

Plaintiff:
Josue Batista
represented byJosue Batista
7026 Charleston Shores Blvd.
Lake Worth, FL 33467
sway@hishersbarbershop.com
PRO SE
Defendant:
Michael Saba
represented byJamie Blythe Dokovna
Becker & Poliakoff
625 N. Flagler Drive
7th Floor
West Palm Beach, FL 33401
561-655-5444
jdokovna@beckerlawyers.com
Case NumberFiledEnteredDocument NumberDocket Text
9:25-cv-80785-DMM06/23/2506/23/251COMPLAINT against Michael Saba. Filing fees $405.00 Receipt#: 9603, filed by Josue Batista. (Attachments: # (1) Civil Cover Sheet)(jas) (Entered: 06/23/25)
9:25-cv-80785-DMM06/23/2506/23/252Judge Assignment to Magistrate Judge Bruce E. Reinhart. (jas) (Entered: 06/23/25)
9:25-cv-80785-DMM06/23/2506/23/253Consent by Pro Se Litigant (Non-Prisoner) Josue Batista to receive Notices of Electronic Filing at email address: sway@hishersbarbershop.com (jas) (Entered: 06/23/25)
9:25-cv-80785-DMM06/23/2506/23/254Clerks Notice of Receipt of Filing Fee received on 6/23/2025 in the amount of $405.00, receipt number 9603. (jas) (Entered: 06/23/25)
9:25-cv-80785-DMM06/23/2506/23/255Summons Issued as to Michael Saba. (jas) (Entered: 06/23/25)
9:25-cv-80785-DMM06/23/2506/24/256MOTION/Petition for Injunction Against Harassment by Josue Batista. (jas) (Entered: 06/24/25)
9:25-cv-80785-DMM06/23/2506/24/257MOTION for Leave to Deposit Rent Into Court Registry by Josue Batista. (Attachments: # (1) Text of Proposed Order)(jas) (Entered: 06/24/25)
9:25-cv-80785-DMM06/26/2506/26/258ORDER OF INSTRUCTIONS TO PRO SE PARTIES. Signed by Magistrate Judge Bruce E. Reinhart on 6/26/2025. See attached document for full details. (blc) (Entered: 06/26/25)
9:25-cv-80785-DMM06/30/2506/30/259 FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against Michael Saba, filed by Josue Batista. (blc) (Additional attachment(s) added on 6/30/2025: # (1) Summon(s)) (blc). (Entered: 06/30/25)
9:25-cv-80785-DMM06/30/2506/30/2510Summons Issued as to Michael Saba. (blc) (Entered: 06/30/25)
9:25-cv-80785-DMM07/07/2507/07/2511OMNIBUS REPORT AND RECOMMENDATION AND ORDER DIRECTING THE CLERK OF COURT TO ASSIGN A DISTRICT JUDGE [ECF Nos. 6,7]; Recommending that the Court Deny Plaintiff's Motion for Temporary Restraining Order and Plaintiff's Motion for Leave to Deposit Funds without prejudice. CASE reassigned to Judge Donald M. Middlebrooks for all further proceedings. Signed by Magistrate Judge Bruce E. Reinhart on 7/7/2025. See attached document for full details. (blc) (Entered: 07/07/25)
9:25-cv-80785-DMM07/14/2507/14/2512EMERGENCY MOTION forTemporary Injunction, MOTION for Protective Order, MOTION to Deposit Rent Into Court Registry by Josue Batista. (Attachments: # (1) Exhibit List, # (2) P-1 - P3-26, # (3) P4-1 - P12-6, # (4) P12-7 - P20-5, # (5) P20-6 - P27-4)(jas) (Entered: 07/14/25)
9:25-cv-80785-DMM07/14/2507/14/2513DECLARATION in Support re [12] EMERGENCY MOTION for Temporary Injunction, EMERGENCY MOTION for Protective Order, EMERGENCY MOTION to Deposit Rent Into Court Registry filed by Josue Batista. (jas) (Entered: 07/14/25)
9:25-cv-80785-DMM07/14/2507/14/2514MOTION for Referral to Volunteer Attorney Program by Josue Batista. (jas) (Entered: 07/14/25)
9:25-cv-80785-DMM07/17/2507/17/2515ORDER ON PLAINTIFF'S EMERGENCY MOTION FOR TEMPORARY INJUNCTION, PROTECTIVE ORDER, AND TO DEPOSIT RENT INTO COURT REGISTRY (DE 12). Denied. Signed by Judge Donald M. Middlebrooks on 7/17/2025. See attached document for full details. (blc) (Entered: 07/17/25)
9:25-cv-80785-DMM07/21/2507/21/2516SUMMONS (Affidavit) Returned Executed on [9] Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Josue Batista. Michael Saba served on 7/15/2025, response/answer due 8/5/2025. (blc) (Entered: 07/21/25)
9:25-cv-80785-DMM07/22/2507/23/2517ORDER ADOPTING DE [11] REPORT AND RECOMMENDATIONS. Plaintiff's Petition for Injunction Against Harassment DE [6] and Motion for Leave to Deposit Rent into Court Registry DE [7] are DENIED WITHOUT PREJUDICE. Signed by Judge Donald M. Middlebrooks on 7/22/2025. See attached document for full details. (blc) Modified text on 7/23/2025 (blc). (Entered: 07/23/25)
9:25-cv-80785-DMM08/01/2508/01/2518 Defendant's MOTION to Dismiss with Prejudice [9] Amended Complaint/Amended Notice of Removal, [1] Complaint , MOTION TO DISMISS [9] Amended Complaint/Amended Notice of Removal, [1] Complaint FOR FAILURE TO STATE A CLAIM by Michael Saba. Attorney Jamie Blythe Dokovna added to party Michael Saba(pty:dft). Responses due by 8/15/2025. (Attachments: # (1) Exhibit A - Commercial Lease)(Dokovna, Jamie) (Entered: 08/01/25)
9:25-cv-80785-DMM08/01/2508/01/2519ORDER OF REFERRAL TO VOLUNTEER ATTORNEY PROGRAM, Granted. Motions terminated: [14] MOTION for Referral to Volunteer Attorney Program filed by Josue Batista. Signed by Judge Donald M. Middlebrooks on 8/1/2025. See attached document for full details. (blc) (Entered: 08/01/25)
9:25-cv-80785-DMM08/04/2508/04/2520PLAINTIFF'S MOTION for Extension of Time to File Response to Defendant's Motion to Dismiss. (Attachments: # (1) Exhibit) (blc) (Entered: 08/04/25)
9:25-cv-80785-DMM08/08/2508/08/2521Defendant's NOTICE of Non-Objection to [DE20] Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion to Dismiss by Michael Saba re [20] MOTION for Extension of Time to File Response/Reply/Answer (Dokovna, Jamie) (Entered: 08/08/25)
9:25-cv-80785-DMM08/08/2508/08/2522PAPERLESS ORDER granting [20] Motion for Extension of Time. Plaintiff, proceeding pro se, requests a thirty-day extension of time to respond to Defendant's Motion to Dismiss (DE [18]). In support, Plaintiff notes that I recently referred this case to the Volunteer Attorney Program and requests additional time in case an attorney takes his case in the coming days. Defendant has filed a notice of non-objection to Plaintiff's Motion. (DE [21]). I find good cause for the relief requested. Accordingly, Plaintiff shall file a response to Defendant's Motion to Dismiss on or by September 15, 2025. However, I caution Plaintiff that I will be strongly disinclined to grant another extension of time in the event Plaintiff does not obtain counsel. Therefore Plaintiff should be prepared to file a pro se response to the motion by the extended deadline if necessary. Signed by Judge Donald M. Middlebrooks on 8/8/2025. (ime) (Entered: 08/08/25)
9:25-cv-80785-DMM09/08/2509/08/2523Plaintiff's MOTION to Disqualify Defense Counsel by Josue Batista. Responses due by 9/22/2025. (Attachments: # (1) Exhibit, # (2) Text of Proposed Order) (blc) (Entered: 09/08/25)
9:25-cv-80785-DMM09/08/2509/08/2524Plaintiff's RESPONSE in Opposition to [18] Defendant's MOTION to Dismiss filed by Josue Batista. Replies due by 9/15/2025. (blc) (Additional attachment(s) added on 9/8/2025: # (1) Exhibit, # (2) Exhibit, # (3) Text of Proposed Order) (blc). (Entered: 09/08/25)
9:25-cv-80785-DMM09/15/2509/15/2525Defendant's REPLY to Response to Motion re [18] Defendant's MOTION to Dismiss with Prejudice [9] Amended Complaint/Amended Notice of Removal, [1] Complaint MOTION TO DISMISS [9] Amended Complaint/Amended Notice of Removal,[1] Complaint FOR FAILURE TO STATE A CLAIM . filed by Michael Saba. (Dokovna, Jamie) (Entered: 09/15/25)
9:25-cv-80785-DMM09/22/2509/22/2526Plaintiff's MOTION for Leave to File Notice of Uncontroverted Facts by Josue Batista. (Attachments: # (1) Exhibit - Notice of Uncontroverted Facts) (blc) (Entered: 09/22/25)
9:25-cv-80785-DMM09/22/2509/22/2527RESPONSE in Opposition re [23] MOTION to Disqualify Counsel filed by Michael Saba. Replies due by 9/29/2025. (Dokovna, Jamie) (Entered: 09/22/25)
9:25-cv-80785-DMM09/29/2509/29/2528REPLY in Support of Motion re [23] MOTION to Disqualify Counsel filed by Josue Batista. (Attachments: # (1) Exhibit A in Support of Reply to Motion to Disqualify Counsel, # (2) Text of Proposed Order)(jas) (Entered: 09/29/25)
9:25-cv-80785-DMM09/29/2509/29/2529MOTION to Deposit Rent into Court Registry by Josue Batista. (jas) (Entered: 09/29/25)
9:25-cv-80785-DMM09/29/2509/29/2530Plaintiff's Supplemental Submission of Exhibits in Support of [29] MOTION to Deposit Rent into Court Registry by Josue Batista. (jas) (Entered: 09/29/25)
9:25-cv-80785-DMM10/01/2510/01/2531ORDER DENYING PLAINTIFF'S MOTION TO DISQUALIFY DEFENSE COUNSEL DE [23]. Signed by Judge Donald M. Middlebrooks on 10/1/2025. See attached document for full details. (blc) (Entered: 10/01/25)
9:25-cv-80785-DMM10/06/2510/06/2532RESPONSE in Opposition re [26] MOTION for Leave to File filed by Michael Saba. Replies due by 10/14/2025. (Dokovna, Jamie) (Entered: 10/06/25)
9:25-cv-80785-DMM10/14/2510/14/2533Plaintiff's MOTION for Judicial Notice of Historical Context of Discrimination Aganist Puerto Ricans and its Relevance to Defendant's Statement "Go Get Educated" by Josue Batista. (Attachments: # (1) Exhibit A)(jas) (Entered: 10/14/25)
9:25-cv-80785-DMM10/14/2510/14/2534REPLY in Support of Motion re [26] MOTION for Leave to File filed by Josue Batista. (jas) (Entered: 10/14/25)
9:25-cv-80785-DMM10/14/2510/14/2535NOTICE of Filing Notice of Preservation of Appellate Rights Regarding Order Denying Plaintiff's Motion to Disqualify Defense Counsel by Josue Batista re [31] ORDER DENYING PLAINTIFF'S MOTION TO DISQUALIFY DEFENSE COUNSEL. (jas) (Entered: 10/14/25)
9:25-cv-80785-DMM10/14/2510/14/2536RESPONSE in Opposition re [29] MOTION to Deposit Rent into Court Registry filed by Michael Saba. Replies due by 10/21/2025. (Attachments: # (1) Exhibit Exh A - Lease)(Dokovna, Jamie) (Entered: 10/14/25)
9:25-cv-80785-DMM10/20/2510/21/2537Plaintiff's Statement of Unaddressed Material Facts In Support of Motion to Deposit Rent Into Court Registry DE [29] by Josue Batista (blc) (Entered: 10/21/25)
9:25-cv-80785-DMM10/20/2510/21/2538 NOTICE of Filing Plaintiff's Narrative Chronological Statement of Events by Josue Batista (blc) (Entered: 10/21/25)
9:25-cv-80785-DMM10/20/2510/21/2539 NOTICE of Unfulfilled Referral to Volunteer Attorney Program by Josue Batista re [19] Order Referring Case to Volunteer Attorney Program. (blc) (Entered: 10/21/25)
9:25-cv-80785-DMM10/21/2510/21/2540Plaintiff's REPLY in Support of DE [29] MOTION to Deposit Rent into Court Registry, Fed. R. Civ. P. 67(a); 28 U.S.C. 1981-1982, 2041-2041; S.D. Fla. L.R. 67.1 filed by Josue Batista. (Attachments: # (1) Exhibit, # (2) Text of Proposed Order) (blc) (Entered: 10/21/25)
9:25-cv-80785-DMM10/21/2510/21/2541Declaration of Josue Batista Regarding Fraud Reports Filed With State Authorities filed by Josue Batista (blc) (Entered: 10/21/25)
9:25-cv-80785-DMM10/21/2510/21/2542Defendant's REPLY in Support of Motion re [26] MOTION for Leave to File. filed by Michael Saba. (Dokovna, Jamie) (Entered: 10/21/25)
9:25-cv-80785-DMM10/21/2510/22/2543MOTION to Strike Defendant's Dupiclate Reply as Unauthorized Under S.D. Fla. L.R. 7.1(c)(1) re [42] Reply in Support of Motion by Josue Batista. Responses due by 11/4/2025. (jas) (Entered: 10/22/25)
9:25-cv-80785-DMM10/22/2510/22/2544 MOTION to Strike [42] Reply in Support of Motion by Josue Batista. Responses due by 11/5/2025. (drz) (Entered: 10/22/25)
9:25-cv-80785-DMM10/23/2510/23/2545 NOTICE of Clarification Regarding Duplicate Docket Entry by Josue Batista re DE [43] and DE [44]. (blc) (Entered: 10/23/25)
9:25-cv-80785-DMM10/23/2510/24/2546 NOTICE of Parallel State Court Action, Evidence of Retaliatory Filing, and Request for Protective Oversight by Josue Batista (Attachments: # (1) Exhibits) (ls) (Entered: 10/24/25)
9:25-cv-80785-DMM10/24/2510/24/2547ORDER ON MOTION TO DISMISS. Granting [18] Motion to Dismiss; Denying as Moot [26] Plaintiff's MOTION for Leave to File Notice of Uncontroverted Facts; Denying [33] Plaintiff's Motion for Judicial Notice of Historical Context of Discrimination Against Puerto Ricans and its Relevance to Defendant's Statement "Go Get Educated"; Denying as Moot [43] Motion to Strike; Denying as Moot [44] Motion to Strike (Amended Complaint due by 11/3/2025.). Signed by Judge Donald M. Middlebrooks on 10/24/2025. See attached document for full details. (jas) (Entered: 10/24/25)
9:25-cv-80785-DMM10/27/2510/27/2548ORDER ON MOTION TO DEPOSIT RENT INTO COURT REGISTRY [29], DENIED. Signed by Judge Donald M. Middlebrooks on 10/27/2025. See attached document for full details. (blc) (Entered: 10/27/25)
9:25-cv-80785-DMM10/29/2510/29/2549MOTION TO FILE SECOND AMENDED COMPLAINT under Federal Rule of Civil Procedure 15(a)(2) by Josue Batista. Responses due by 11/12/2025. (Attachments: # (1) Exhibit)(wce) (Additional attachment(s) added on 10/29/2025: # (2) 2nd Amended Complaint) (ksr). (Entered: 10/29/25)
9:25-cv-80785-DMM11/04/2511/04/2550RESPONSE to Motion re [49] MOTION to Amend/Correct [9] Amended Complaint/Amended Notice of Removal filed by Michael Saba. Replies due by 11/12/2025. (Dokovna, Jamie) (Entered: 11/04/25)
9:25-cv-80785-DMM11/05/2511/05/2551NOTICE of Filing Second Amended Complaint by Josue Batista re [49] MOTION to File Second Amended Complaint. (jas) (Entered: 11/05/25)
9:25-cv-80785-DMM11/07/2511/07/250Set Deadline. Amended Complaint due by 11/10/2025. Per De#52 (cds) (Entered: 11/07/25)
9:25-cv-80785-DMM11/07/2511/07/2552PAPERLESS ORDER denying as moot [49] Plaintiff's Motion to File Second Amended Complaint. Plaintiff's motion is unnecessary, as this Court's Order on Motion to Dismiss (DE [47]), already granted Plaintiff leave to amend. Plaintiff shall separately file his Second Amended complaint in the court record by November 10, 2025. Signed by Judge Donald M. Middlebrooks on 11/7/2025. (kid) (Entered: 11/07/25)
9:25-cv-80785-DMM11/07/2511/10/2553 SECOND AMENDED COMPLAINT against Michael Saba filed in response to Order Granting Motion for Leave, filed by Josue Batista.(nan) (Entered: 11/10/25)
9:25-cv-80785-DMM11/17/2511/17/2554 Defendant's MOTION to Dismiss with Prejudice [53] Amended Complaint/Amended Notice of Removal by Michael Saba. Responses due by 12/1/2025. (Dokovna, Jamie) (Entered: 11/17/25)
9:25-cv-80785-DMM12/01/2512/01/2555Plaintiff's RESPONSE in Opposition to Defendant's Motion to Dismiss Second Amended Complaint DE [54] filed by Josue Batista. Replies due by 12/8/2025. (blc) (Entered: 12/01/25)
9:25-cv-80785-DMM12/08/2512/08/2556Defendant's REPLY to Response to Motion re [54] Defendant's MOTION to Dismiss with Prejudice [53] Amended Complaint/Amended Notice of Removal . filed by Michael Saba. (Dokovna, Jamie) (Entered: 12/08/25)
9:25-cv-80785-DMM12/10/2512/10/2557Plaintiff's MOTION for Leave to File Sur-Reply to Defendant's Rely ECF [56] by Josue Batista. Responses due by 12/29/2025. (Attachments: # (1) Exhibit)(blc) (Entered: 12/10/25)
9:25-cv-80785-DMM12/17/2512/17/2558ORDER ON MOTION TO DISMISS, granting [54] Defendant's Motion to Dismiss. Case is CLOSED. All pending motions are Denied As Moot. Signed by Judge Donald M. Middlebrooks on 12/17/2025. See attached document for full details. (blc) (Entered: 12/17/25)
9:25-cv-80785-DMM01/12/2601/13/2659 Plaintiff's Rule 59(e) Motion to Alter or Amend Judgment by Josue Batista. (blc) (Entered: 01/13/26)
9:25-cv-80785-DMM01/22/2601/22/2660ORDER ON PLAINTIFF'S RULE 59(e) MOTION. Plaintiff's Rule 59(e) Motion to Alter or Amend Judgment DE [59] is DENIED. Signed by Judge Donald M. Middlebrooks on 1/21/2026. See attached document for full details. (blc) (Entered: 01/22/26)
9:25-cv-80785-DMM02/09/2602/10/2661Notice of Appeal re [60] Order on Motion for Reconsideration, [58] Order on Motion to Dismiss, by Josue Batista. Filing fee $ 605.00 Receipt#: 10090. 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: 02/10/26)
9:25-cv-80785-DMM02/09/2602/10/2662USCA Appeal Fees received $ 605.00 receipt number 10090 re [61] Notice of Appeal, filed by Josue Batista. (jgo) (Entered: 02/10/26)
9:25-cv-80785-DMM02/10/2602/10/260Transmission of Notice of Appeal, Orders under appeal, and Docket Sheet to US Court of Appeals re [61] Notice of Appeal. Notice has been electronically mailed. (jgo) (Entered: 02/10/26)
9:25-cv-80785-DMM02/10/2602/10/2663CLERK'S NOTICE of Mailing Pro Se Instructions to Josue Batista re [61] Notice of Appeal. (jgo) (Entered: 02/10/26)
9:25-cv-80785-DMM02/11/2602/11/2664Acknowledgment of Receipt of NOA from USCA re [61] Notice of Appeal, filed by Josue Batista. Date received by USCA: 02/10/26. USCA Case Number: 26-10458-J. (jgo) (Entered: 02/11/26)
9:25-cv-80785-DMM02/18/2602/19/2665TRANSCRIPT ORDER FORM filed by Josue Batista re [61] Notice of Appeal, filed by Josue Batista. No Transcript Requested. (jgo) (Entered: 02/19/26)
9:25-cv-80785-DMM03/25/2603/25/2666Pursuant 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: [61] Notice of Appeal, Appeal No. 26-10458-JJ. The entire record on appeal is available electronically. (jgo) (Entered: 03/25/26)
9:25-cv-80785-DMM03/25/2603/25/2667Certified and Transmitted Electronic Record on Appeal to US Court of Appeals re [61] Notice of Appeal. USCA 26-10458-JJ (jgo) (Entered: 03/25/26)
9:25-cv-80785-DMM04/09/2604/09/260Magistrate Judge Bruce E. Reinhart added events only NEFs. (spe) (Entered: 04/09/26)