Updated: 10/04/2026 05:05 AM

U.S. District Court
Southern District of Florida
Docket for Case Number: 1:26-cv-24481-MFE

Case Title: Pierre-Louis et al v. United States Of America
Assigned To: Magistrate Judge Marty Fulgueira Elfenbein
Filed: 06/29/26
Terminated:
Nature of Suit: 360 P.I.: Other
Cause: 28:2671 Federal Tort Claims Act

Plaintiff:
Mecel Pierre-Louis
represented byMecel Pierre-Louis
18111 NW 9th Ct
Miami, FL 33169
786-626-4310
guillouis@aol.com
PRO SE
Plaintiff:
Guillen Pierre-Louis
represented byGuillen Pierre-Louis
18111 NW Ninth Court
Miami, FL 33169
786-626-4310
guillouis@aol.com
PRO SE
Defendant:
United States Of America
represented byAnthony Erickson-Pogorzelski
US Attorney's Office
Civil
99 NE 4th Street
Suite 335
Miami, FL 33132
305-961-9296
anthony.pogorzelski@usdoj.gov
Jennifer Triana
U.S. Attorney's Office
99 NE 4th St
Miami, FL 33132
305-961-9436
Jennifer.Triana@usdoj.gov
TERMINATED:08/26/2026
Case NumberFiledEnteredDocument NumberDocket Text
1:26-cv-24481-MFE06/29/2606/29/261COMPLAINT against United States Of America. Filing fees $ 405.00 due, filed by Mecel Pierre-Louis, Guillen Pierre-Louis. (Attachments: # (1) Civil Cover Sheet, # (2) Summon(s))(caw) (Entered: 06/29/26)
1:26-cv-24481-MFE06/29/2606/29/262Judge Assignment to Magistrate Judge Marty Fulgueira Elfenbein. (caw) (Entered: 06/29/26)
1:26-cv-24481-MFE06/29/2606/29/263Clerks Notice of Receipt of Filing Fee received on 6/29/2026 in the amount of $ 405.00, receipt number FLS319370. (vt) (Entered: 06/29/26)
1:26-cv-24481-MFE06/29/2606/29/264Summons Issued as to United States Of America, U.S. Attorney and U.S. Attorney General (ls) (Entered: 06/29/26)
1:26-cv-24481-MFE06/29/2606/29/265 MOTION for Referral to Volunteer Attorney Program by Guillen Pierre-Louis. Responses due by 7/13/2026. (ls) (Entered: 06/29/26)
1:26-cv-24481-MFE06/29/2606/29/266Consent by Pro Se Litigant (Non-Prisoner) Guillen Pierre-Louis to receive Notices of Electronic Filing at email address: guillouis@aol.com (ls) (Entered: 06/29/26)
1:26-cv-24481-MFE06/30/2607/01/267ORDER Explaining Magistrate Judge Jurisdiction and Providing Instructions to Pro Se Litigant. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/30/2026. See attached document for full details. (ls) (Entered: 07/01/26)
1:26-cv-24481-MFE07/06/2607/06/268SUMMONS (Affidavit) Returned Executed by Mecel Pierre-Louis, Guillen Pierre-Louis. United States Of America served on 7/6/2026, response/answer due 9/4/2026. (ls) (Entered: 07/06/26)
1:26-cv-24481-MFE07/06/2607/07/269SUMMONS (Affidavit) Returned Executed by Mecel Pierre-Louis, Guillen Pierre-Louis. (ls) (Entered: 07/07/26)
1:26-cv-24481-MFE07/07/2607/07/2610PAPERLESS ORDER Granting Motion for Referral to Volunteer Attorney Program. THIS CAUSE is before the Court upon Plaintiff Guillen Pierre-Louis's Motion for Referral to Volunteer Attorney Program. See ECF No. [5]. In the Motion,Plaintiff requests referral to the Court's Volunteer Attorney Program because he is unable to afford counsel. "A civil litigant... has no absolute constitutional right to the appointment of counsel." Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992) (quoting Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987)). "The appointment of counsel is instead a privilege that is justified only by exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner." Id. The decision whether to appoint counsel in a civil case rests within the Court's discretion. See id. This action arises under the Federal Tort Claims Act and concerns the administration of a federally funded disaster recovery program, which can involve complexities in understanding the applicable law. As a result, the Court concludes that referral to the Court's Volunteer Attorney Program is appropriate in this case. The Clerk of Court shall obtain a description of the case and Plaintiff's contact information to post on the Court's website of available pro bono cases seeking volunteer attorneys. If representation is accepted, the volunteer attorney shall enter an appearance in the case and thereafter will be eligible for reimbursement of reasonable litigation expenses pursuant to the Court's Reimbursement Guidelines for Volunteer Counsel. Accordingly, Plaintiff's Motion, ECF No. [5], is GRANTED. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/7/2026. (MFE) (Entered: 07/07/26)
1:26-cv-24481-MFE07/10/2607/10/2611SUMMONS (Affidavit) Returned Executed by Mecel Pierre-Louis, Guillen Pierre-Louis. United States Of America served on 7/7/2026, response/answer due 9/8/2026. (ls) (Entered: 07/10/26)
1:26-cv-24481-MFE08/20/2608/20/2612NOTICE of Attorney Appearance by Jennifer Triana on behalf of United States Of America. Attorney Jennifer Triana added to party United States Of America(pty:dft). (Triana, Jennifer) (Entered: 08/20/26)
1:26-cv-24481-MFE08/20/2608/20/2613 First MOTION for Extension of Time to File Response/Reply/Answer to Complaint by United States Of America. Responses due by 9/3/2026. (Triana, Jennifer) (Entered: 08/20/26)
1:26-cv-24481-MFE08/24/2608/24/2614PAPERLESS ORDER REGARDING MAGISTRATE JUDGE JURISDICTION. Now that the Defendant has entered its appearance, see ECF No. [12], Defendant is advised that it may opt out of Magistrate Judge jurisdiction as set forth in the Court's Order Explaining Magistrate Judge Jurisdiction and Providing Instructions to Pro Se Litigant, see ECF No. [7]. If Defendant wishes to opt out of Magistrate Judge jurisdiction, it must file a Motion for Case Reassignment no later than 14 days after its appearance. If Defendant does not file a Motion for Case Reassignment within these timeframes, then it shall be deemed as consent to Magistrate Judge jurisdiction over all aspects of the case, including any trial, dispositive orders,and the final judgment, and this case will proceed in full before the undersigned Magistrate Judge. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/24/2026. (MFE) (Entered: 08/24/26)
1:26-cv-24481-MFE08/24/2608/24/2615PAPERLESS ORDER ON MOTION FOR EXTENSION OF TIME. THIS CAUSE is before the Court on Defendant's First Motion for Extension of Time to File Response to the Complaint (the "Motion"). See ECF No. [13]. Defendant's Response is due on September 4, 2026 and it requests a forty-five-day extension of time, through October 19, 2026, to respond to Plaintiffs' Complaint. See id. Defendant explains that counsel was recently assigned to the matter and requires additional time to obtain, assemble, and review the underlying administrative records, consult with agency counsel, and determine the appropriate response to the Complaint. See id. Plaintiffs oppose the requested extension. See id.at 2. Upon review of the Motion and the record, the Court finds good cause to grant the requested relief in part. Accordingly, Defendant's Motion, ECF No. [13], is GRANTED in part and DENIED in part. Defendant shall file its Response to the Complaint no later than September 24, 2026. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/24/2026. (MFE) (Entered: 08/24/26)
1:26-cv-24481-MFE08/26/2608/26/2616Notice of Reassignment of Assistant U.S. Attorney by Anthony Erickson-Pogorzelski on behalf of United States Of America. Attorney Jennifer Triana terminated.. Attorney Anthony Erickson-Pogorzelski added to party United States Of America(pty:dft). (Erickson-Pogorzelski, Anthony) (Entered: 08/26/26)
1:26-cv-24481-MFE08/26/2608/26/2617Notice of Pending, Refiled, Related or Similar Actions by United States Of America (Erickson-Pogorzelski, Anthony) (Entered: 08/26/26)
1:26-cv-24481-MFE09/23/2609/23/2618 MOTION to Dismiss for Lack of Jurisdiction [1] Complaint by United States Of America. Responses due by 10/7/2026. (Attachments: # (1) Affidavit)(Erickson-Pogorzelski, Anthony) (Entered: 09/23/26)
1:26-cv-24481-MFE09/30/2609/30/2619Order Requiring Joint Scheduling Report and Certificates of Interested Parties and Scheduling Status Conference: ( Joint Scheduling Report due by 10/21/2026), ( Status Conference set for 10/28/2026 10:00 AM by Zoom before Magistrate Judge Marty Fulgueira Elfenbein.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/30/2026. See attached document for full details. (ls) (Entered: 09/30/26)
1:26-cv-24481-MFE10/02/2610/02/2620MOTION for Leave to File Amended Complaint by Guillen Pierre-Louis, Mecel Pierre-Louis. Responses due by 10/16/2026. (Attachments: # (1) Text of Proposed Order)(jas) (Entered: 10/02/26)
1:26-cv-24481-MFE10/02/2610/02/2621CERTIFICATE OF SERVICE by Guillen Pierre-Louis, Mecel Pierre-Louis. (jas) (Entered: 10/02/26)
1:26-cv-24481-MFE10/02/2610/02/2622Clerk's Notice of Filing Deficiency Re: [20] MOTION for Leave to File filed by Guillen Pierre-Louis, Mecel Pierre-Louis. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (jas) (Entered: 10/02/26)
1:26-cv-24481-MFE10/03/2610/03/2623PAPERLESS ORDER. THIS CAUSE is before the Court on Pro Se Plaintiffs Mecel Pierre-Louis and Guillen Pierre-Louis's ("Plaintiffs") Motion for Leave to File Amended Complaint (the "Motion"). See ECF No. [20]. Plaintiffs seek leave to amend their Complaint pursuant to Federal Rule of Civil Procedure 15(a). See id. However, Local Rule 7.1(a)(3) requires that, prior to filing most motions in a civil case, the movant confer with all parties or non-parties who may be affected by the relief sought and include a certification describing the conferral efforts or the parties' positions. See S.D. Fla. L.R. 7.1(a)(3). Plaintiffs' Motion does not certify that Plaintiffs conferredwith counsel for Defendant regarding the relief requested before filing the Motion. See ECF No. [20]. The Motion therefore does not satisfy the Local Rule's conferral requirement.

The Motion is also deficient because the proposed Amended Complaint attached as Exhibit 1 is not signed. See ECF No. [20] at 12. Federal Rule of Civil Procedure 11(a) requires every pleading, written motion, and other paper to be signed by at least one attorney of record in the attorney's name--or, if the party is unrepresented, by the party personally. See Fed. R. Civ. P. 11(a). The Clerk has separately issued a notice identifying the missing required signature. See ECF No. [22].

Accordingly, Plaintiffs' Motion, ECF No. [20], is DENIED without prejudice for failure to comply with Local Rule 7.1(a)(3) and Federal Rule of Civil Procedure 11(a). Plaintiffs may refile the Motion after complying with the conferral requirements of the Local Rules and filing a properly signed proposed Amended Complaint. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 10/3/2026. (MFE) (Entered: 10/03/26)