最近更新：2024-12-25
2021-cv-01331
| 日期 | 描述 |
|---|---|
| 12/05/2024 | MANDATE of USCA as to 428 Notice of Appeal filed by Marcella Anderson Puckett, Carl Puckett. Issued as Mandate: 12/5/2024. USCA number: 23-12267-G. |
| 11/01/2024 | Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: [457] Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 23-13380-GG. |
| 11/01/2024 | Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: 457 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 23-13380-GG. |
| 11/01/2024 | Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: [457] Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 23-13380-GG. |
| 09/24/2024 | OPINION of USCA: DISMISSED as to 428 Notice of Appeal filed by Marcella Anderson Puckett, Carl Puckett. EOD: 9/24/2024; Mandate to issue at a later date. USCA number: 23-12267-G. |
| 09/23/2024 | ORDER of USCA: We sua sponte VACATE our opinion and judgment dismissing this appeal. Accordingly, this appeal is taken from a final judgment. This appeal may proceed, and a briefing schedule shall follow. The Pucketts' petition for rehearing is DENIED as moot as to [457] Notice of Appeal filed by Marcella Anderson Puckett, Carl Puckett. EOD: 9/23/2024; USCA number: 23-13380-G. |
| 08/12/2024 | NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). |
| 08/08/2024 | OPINION of USCA: This appeal is DISMISSED for lack of jurisdiction, and all pending motions are DENIED as moot. as to 457 Notice of Appeal filed by Marcella Anderson Puckett, Carl Puckett. EOD: 8/8/2024; Mandate to issue at a later date. USCA number: 23-13380-G. |
| 08/08/2024 | ENDORSED ORDER: The Court previously entered a dismissal order based upon Plaintiff Ain Jeem and Defendant Hall of Fame Sports Memorabilia, Inc.'s joint stipulation of dismissal with prejudice under Federal Rule of Civil Procedure 41(a)(1)(ii). (Doc. # 456). However, such dismissal under Rule 41(a)(1)(ii) was ineffective because the stipulation had not been signed by all parties that had appeared in this case. Accordingly, the Court now construes Plaintiff Ain Jeem and Defendant Hall of Fame Sports' joint stipulation of dismissal with prejudice (Doc. # 454) as a Federal Rule of Civil Procedure 41(a)(2) motion to voluntarily dismiss and grants it. See Fed. R. Civ. P. 41(a)(2) ("Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper."); Sanchez v. Disc. Rock & Sand, Inc., 84 F.4th 1283, 1292 (11th Cir. 2023) ("[W]e've approved dismissal orders that treated rule 41(a)(1)(A) notices and stipulations as requests for a rule 41(a)(2) court order."). Given the circumstances of this case, including the desire of both Ain Jeem and Hall of Fame Sports to dismiss their claims with prejudice, the Court considers dismissal of this action with prejudice proper. This case is dismissed with prejudice with Ain Jeem and Hall of Fame Sports to bear their own attorney's fees and costs. The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 8/8/2024. |
| 05/24/2024 | ENDORSED ORDER denying Carl and Marcella Puckett's June 29, 2023, Notice of Objection to Court's Order (ECF 407) (Doc. # 419) and July 7, 2023, Notice of Objection to Court's Order (EFC 417) (Doc. # 424), construed as motions for reconsideration. (Doc. # 469). Both motions request that the Court reconsider orders entered on previous motions to reconsider filed by the Pucketts. (Doc. ## 419, 424). The June 29, 2023, motion requests that the Court reconsider its order denying Mr. Puckett's motion for reconsideration of the Court's August 29, 2022, order granting Ain Jem's motion to dismiss Mr. Puckett's amended counterclaim. (Doc. # 407). The July 7, 2023, motion requests that the Court reconsider its order denying Mr. Puckett's motion for reconsideration of the Court's July 6, 2022, order denying Mr. Puckett's motion for summary judgment and for injunctive relief as moot and the Court's July 6, 2022, order granting Plaintiff Ain Jeem's motion to voluntarily dismiss its claim against Mr. Puckett. (Doc. # 417). "Reconsideration of a court's previous order is an extraordinary remedy and, thus, is a power which should be used sparingly." Carter v. Premier Rest. Mgmt., No. 2:06-cv-212-JES-DNF, 2006 WL 2620302, at *1 (M.D. Fla. Sept. 13, 2006) (citing Am. Ass'n of People with Disabilities v. Hood, 278 F. Supp. 2d 1337, 1339 (M.D. Fla. 2003)). Absent "an intervening change in controlling law" or "the availability of new evidence," reconsideration of a prior order under Federal Rule of Civil Procedure 59(e) is warranted only by "the need to correct clear error or manifest injustice." Madura v. BAC Home Loans Servicing L.P., No. 8:11-cv-2511-VMC-TBM, 2013 WL 4055851, at *1 (M.D. Fla. Aug. 12, 2013) (quoting Fla. College of Osteopathic Med., Inc. v. Dean Witter Reynolds, Inc., 12 F. Supp. 2d 1306, 1308 (M.D. Fla. 1998)). "A motion for reconsideration should raise new issues, not merely readdress issues litigated previously," Painewebber Income Props. Three Ltd. P'ship v. Mobil Oil Corp., 902 F. Supp. 1514, 1521 (M.D. Fla. 1995) (citation omitted), and "must set forth facts or law of a strongly convincing nature to demonstrate to the court the reason to reverse its prior decision." Carter, 2006 WL 2620302, at *1 (citing Taylor Woodrow Constr. Corp. v. Sarasota/Manatee Airport Auth., 814 F. Supp. 1072, 1073 (M.D. Fla. 1993)). As an initial matter, the Court notes that motions to reconsider a Court's denial of a motion for reconsideration are not permitted. See Rasmussen v. Cent. Fla. Council Boy Scouts of America, Inc., No. 6:07-cv-1091-PCF-GJK, 2008 WL 2157152, at *1 (M.D. Fla. May 22, 2008) ("Successive motions for reconsideration raising grounds that were or should have been known or asserted when the first motion was filed are improper."); Benson v. St. Joseph Reg'l Health Ctr., 575 F.3d 542, 547 (5th Cir. 2009) ("The federal rules do not provide for a motion requesting a reconsideration of a denial of a reconsideration.Were such motions permitted, it is conceivable that a dissatisfied litigant could continually seek reconsideration and prevent finality to the judgment." (citation omitted)). Additionally, the construed motions for reconsideration do not demonstrate a need to correct clear error or manifest injustice. The Court's orders did not implicate issues involved in Mr. Puckett's appeal. Additionally, Mr. Puckett's concerns about the application of Local Rule 3.01(g) do not mandate reconsideration. As the Court has previously noted, failure to comply with Local Rule 3.01(g) "can result in denial of the motion without prejudice," Local Rule 3.01(g)(3), but does not prohibit the Court from ruling on a motion that fails to comply with this rule. In short, the Court will not reconsider its orders on the Pucketts' previous motions for reconsideration. Signed by Judge Virginia M. Hernandez Covington on 5/24/2024. |
| 05/14/2024 | NOTICE by Carl Puckett of state courtesy copy of Petition for review of Disposition filed with the U.S. Court of Appeals. 附件： 1:Mailing Envelope |
| 05/17/2024 | ORDER of USCA: The appellants' March 25, 2024 motion for reconsiderationof our March 15, 2024 order directing the district court to rule on their June 29 and July 7, 2023 construed motions for reconsideration is DENIED re 428 Notice of Appeal filed by Marcella Anderson Puckett, Carl Puckett. EOD: 5/2/2024; USCA number: 23-12267-G. |
| 04/15/2024 | ORDER of USCA as to 467 Notice of Appeal filed by Marcella Anderson Puckett, Carl Puckett directing district court to rule on on the Pucketts' June 29 and July 7 construed motions for reconsideration. EOD: 3/15/2024; USCA number: 23-12267-B. |
| 02/22/2024 | USCA appeal fees received $605.00, receipt number TPA069997 re [467] Notice of Appeal filed by Marcella Anderson Puckett, Carl Puckett. |
| 02/22/2024 | USCA appeal fees received $605.00, receipt number TPA069997 re 467 Notice of Appeal filed by Marcella Anderson Puckett, Carl Puckett. |
| 02/22/2024 | USCA appeal fees received $605.00, receipt number TPA069997 re [467] Notice of Appeal filed by Marcella Anderson Puckett, Carl Puckett. |
| 02/16/2024 | TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 467 Notice of Appeal. |
| 02/14/2024 | AMENDED NOTICE OF APPEAL as to [466] Order on Motion to Appeal In Forma Pauperis by Carl Puckett, Marcella Anderson Puckett. Filing fee not paid. (AA) (e-portal) |
| 01/26/2024 | ORDER denying 460 the Pucketts' Motion for Leave to Appeal In Forma Pauperis. In accordance with Rule 24(a)(4)(A) of the Federal Rules of Appellate Procedure, the Clerk is directed to notify the parties and the United States Court of Appeals for the Eleventh Circuit that the Pucketts' request to proceed in forma pauperis on appeal is denied. The Clerk is also directed to mail a copy of this Order to the Pucketts. Signed by Magistrate Judge Natalie Hirt Adams on 1/26/2024. |
| 01/02/2024 | Case Reassigned to US Magistrate Judge Natalie Hirt Adams. New case number: 8:21-cv-1331-VMC-NHA. Magistrate Judge Unassigned Magistrate no longer assigned to the case. Motion(s) REFERRED to Magistrate Judge Natalie Hirt Adams: 460 MOTION to Appeal In Forma Pauperis/ Affidavit of Indigency. |
| 11/28/2023 | Case Reassigned to Magistrate Judge Unassigned Magistrate. New case number: 8:21-cv-1331-VMC-UAM. Magistrate Judge Anthony E. Porcelli no longer assigned to the case. Motion(s) REFERRED: 460 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency. Motion(s) referred to Magistrate Judge Unassigned Magistrate. |
| 11/28/2023 | Case Stay Lifted per [39] Order. |
| 11/28/2023 | ORDER of recusal. The Clerk is hereby directed to reassign this case to another magistrate judge by random draw and to provide notice to the parties of the newly designated magistrate judge. Signed by Magistrate Judge Anthony E. Porcelli on 11/28/2023. |
| 11/07/2023 | RESPONSE in Opposition re 460 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency filed by Ain Jeem, Inc. Modified text on 11/8/2023 |
| 10/31/2023 | ENDORSED ORDER: Carl Puckett's Motion to Appeal In Forma Pauperis (Doc. # 460) is hereby referred to the Honorable Anthony E. Porcelli, United States Magistrate Judge, for disposition. Signed by Judge Virginia M. Hernandez Covington on 10/31/2023. (JAK) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| 10/25/2023 | MOTION to Appeal In Forma Pauperis / Affidavit of Indigency by Carl Puckett. |
| 10/24/2023 | TRANSCRIPT information form filed by Ain Jeem, Inc. for proceedings held on 7/14/21 before Judge Hernandez-Covington re 428 Notice of Appeal. USCA number: 23-12267-B. Electronic notification sent to Court Reporter Tracy Aurelio. 附件： 1:(Mailing AA) Modified on 10/29/2023 (AG) |
| 10/13/2023 | TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 457 Notice of Appeal. |
| 10/13/2023 | NOTICE OF APPEAL as to 456 Order, 455 Order by Carl Puckett, Marcella Anderson Puckett. Filing fee not paid. |
| 09/21/2023 | ENDORSED ORDER: Pursuant to the Stipulation of Dismissal with Prejudice (Doc. # 454), this case is dismissed with prejudice and with each party bearing their own attorney's fees and costs. The Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 9/21/2023. |
| 09/21/2023 | ENDORSED ORDER overruling Carl Puckett's objection (Doc. # 449) to the Court's order denying Mr. Puckett's motion to file documents out of time (Doc. # 448). The Court acknowledges that Mr. Puckett had filed an appeal in the Eleventh Circuit at the time of filing his motion. However, given the Eleventh Circuit order granting Mr. Puckett's motion to file documents out of time (App. Doc. # 13), this Court does not need to separately grant the motion. Eleventh Circuit Rule 10-1 requires an appellant to file the Eleventh Circuit's transcript order form "with the district court clerk," among other people. The website for the Middle District of Florida provides additional information about how to order a transcript from this court. Specifically, it states that "[t]o obtain a transcript when filing an appeal with the Eleventh Circuit., [a person] must first order the transcript by contacting the court reporter directly or submitting a request for a digitally recorded hearing." Transcript Orders, Middle District of Florida, https://www.flmd.uscourts.gov/transcript-orders (last visited Sept. 8, 2023). The person must also file the Transcript Order Form "with this court and the appellate court." Id. To obtain a transcript from this Court, Mr. Puckett should re-file his transcript information form on the docket, without an accompanying motion, and contact the court reporter, if he has not already. Signed by Judge Virginia M. Hernandez Covington on 9/21/2023. |
| 09/17/2023 | STIPULATION of Dismissal Joint by Ain Jeem, Inc. Modified on 9/19/2023 to edit docket text |
| 09/15/2023 | ENDORSED ORDER: Plaintiff has filed a Notice of Voluntary Dismissal as to Defendants Alextubaka, wrestlingfigsmaniacandthings, linbea81, teambrinkz, thebackcountrydreamer, Weekend52, Kmiseton, DieHardFanArt, yezindeed, HyperThanHype, Progostore, and ThompsonEEee. (Doc. # 450). As these defendants have not filed an answer or motion for summary judgment in this case, dismissal via unilateral notice pursuant to Rule 41(a)(1) is permissible. Pursuant to the Notice, all claims against those defendants are hereby dismissed without prejudice. Signed by Judge Virginia M. Hernandez Covington on 9/15/2023. |
| 09/14/2023 | JOINT Status Report on Settlement by Ain Jeem, Inc. (Modified on 9/15/2023, to edit text) |
| 09/14/2023 | RESPONSE TO ORDER TO SHOW CAUSE re 447 Order directing compliance filed by Ain Jeem, Inc. |
| 09/14/2023 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by Ain Jeem, Inc. (Modified on 9/15/2023, to edit text) |
| 09/06/2023 | OBJECTION re 448 Order on Motion for Extension of Time to File filed by Carl Puckett. |
| 09/05/2023 | ENDORSED ORDER denying Carl Puckett's motion to file documents out of time. (Doc. # 440). Eleventh Circuit Rule 24-2 provides that "[a] motion for leave to proceed on appeal in forma pauperis may be filed in the court of appeals within 30 days after service of notice of the action of the district court denying leave to proceed on appeal in forma pauperis." "[W]ithin 14 days after filing the notice of appeal," the appellant must file the Eleventh Circuit's transcript order form "with the district court clerk and the clerk of the court of appeals, and send copies to the appropriate court reporter(s) and all parties." 11th Cir. R. 10-1. Since the Eleventh Circuit is the court responsible for determining whether an appellant may deviate from either of these rules, Mr. Puckett's motion must also be filed with the appellate court. Pursuant to these rules, if Mr. Puckett files a notice of appeal with the appellate court, the completed transcript order form should be sent to the district court clerk, as well as the other parties listed in Eleventh Circuit Rule 10-1. Therefore, this motion is denied. Signed by Judge Virginia M. Hernandez Covington on 9/5/2023. |
| 09/05/2023 | ENDORSED ORDER: On July 21, 2023, this Court granted Plaintiff Ain Jeem's Motion for Clerk's Default against Defendants Alextubaka, DieHardFanArt, linbea81, yezindeed, HyperThanHype, Kmiseton, wrestlingfigsmaniacandthings, Progostore, thebackcountrydreamer, ThompsonEEee, Weekend52, and teambrinkz. (Doc. # 435). Under Local Rule 1.10(c), a motion for default judgment is due "[w]ithin thirty-five days after entry of a default." Ain Jeem did not file a motion for default judgment by August 25, 2023, thirty-five days after the entry of the Clerk's default. Therefore, Ain Jeem is directed to show cause by September 14, 2023, why the case should not be dismissed pursuant to Local Rule 3.10 with respect to the named defendants for failure to prosecute. Signed by Judge Virginia M. Hernandez Covington on 9/5/2023. |
| 09/05/2023 | ENDORSED ORDER: On August 24, 2023, Ain Jeem submitted a status report indicating that plaintiff's counsel expected to receive an update from his client about a settlement agreement regarding Count III of Hall of Fame Sports Memorabilia's counterclaim by August 31, 2023. (Doc. # 442). Since this status report, the Court has not received additional information about the status of settlement negotiations. Therefore, Ain Jeem and Hall of Fame Sports Memorabilia are each directed to file a status report updating the Court on these settlement negotiations by September 14, 2023. Signed by Judge Virginia M. Hernandez Covington on 9/5/2023. |
| 09/05/2023 | ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 9/5/2023. |
| 09/05/2023 | ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order Doc. 443, no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 9/5/2023. |
| 09/05/2023 | CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 3/14/2024 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the April 2024 Trial Term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 10/23/2023. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 9/5/2023. |
| 08/24/2023 | NOTICE of compliance re 441 Order by Ain Jeem, Inc. |
| 08/20/2023 | ENDORSED ORDER By August 24, 2023, Ain Jeem is to file a pleading outlining its position as to whether it has resolved the litigation with Hall of Fame. While the Court has reviewed Hall of Fames pleading, none has been filed by Ain Jeem. If the parties have not settled the case, the Court will enter an order setting deadlines including a trial date. Signed by Judge Virginia M. Hernandez Covington on 8/20/2023. |
| 08/15/2023 | MOTION for Extension of Time to File Documents by Carl Puckett, Marcella Anderson Puckett. |
| 08/15/2023 | STATUS report by Hall of Fame Sports Memorabilia, Inc. |
| 07/28/2023 | OBJECTION re 437 Order by Carl Puckett, Marcella Anderson Puckett. |
| 07/27/2023 | ENDORSED ORDER overruling Carl Puckett's objection (Doc. # 436) to Magistrate Judge Porcelli's order denying Mr. Puckett's motion for leave to appeal in forma pauperis. (Doc. # 434). Under Federal Rule of Civil Procedure 72(a), the Court reviews the magistrate judge's order on nondispositive matters for clear error. Fed. R. Civ. P. 72(a). Here, Mr. Puckett has identified no such error in Judge Porcelli's order. The Court agrees with Judge Porcelli that "Mr. Puckett's appeal is frivolous because he has little or no chance of success on the merits" of his appeal. (Doc. # 434 at 6). Mr. Puckett's objection thus does not provide a basis for the Court to modify or set aside Judge Porcelli's order. Signed by Judge Virginia M. Hernandez Covington on 7/27/2023. |
| 07/25/2023 | OBJECTION re 434 Order on Motion to Appeal In Forma Pauperis. |
| 07/21/2023 | ORDER granting 431 Motion for Clerk's Default. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 7/21/2023. |
| 07/21/2023 | ORDER denying 429 Motion for Leave to Appeal In Forma Pauperis. The Clerk is directed to notify the United States Court of Appeals for the Eleventh Circuit of the denial of the motion to proceed in forma pauperis on appeal. Signed by Magistrate Judge Anthony E. Porcelli on 7/21/2023. |
| 07/14/2023 | ENDORSED ORDER denying Motion for Reconsideration. (Doc. # 425). Mr. Puckett's motion does not set forth any grounds that justify reconsideration of the Court's order striking Mr. Puckett's counterclaim. Regardless of whether the counterclaim "contains new counts not addressed in any prior motions" (Doc. # 425 at 8), the Court did not grant Mr. Puckett leave to file an amended counterclaim. Thus, the counterclaim was improper. Signed by Judge Virginia M. Hernandez Covington on 7/14/2023. |
| 07/13/2023 | ENDORSED ORDER: Carl Puckett's Motion to Appeal In Forma Pauperis (Doc. # 429) is hereby referred to the Honorable Anthony E. Porcelli, United States Magistrate Judge, for disposition. Signed by Judge Virginia M. Hernandez Covington on 7/13/2023. (DRG) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| 07/11/2023 | MOTION for Clerk's Default against Alextubaka, Hovig Asdourian, Linnea Bernadette Beason, William Guy, HyperThanHype, Kmiseton, Norapinh Norsavanh, Progostore, Terrence Smith, Stephen Thompson, Kenneth Ubom, Mike Watkins by Ain Jeem, Inc. Motions referred to Magistrate Judge Anthony E. Porcelli. 附件： 1:Exhibit Schedule A - Defaulting Defendants 2:(Affidavit of Richard Guerra) |
| 07/11/2023 | TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 428 Notice of Appeal. |
| 07/10/2023 | MOTION to Appeal In Forma Pauperis by Carl Puckett, Marcella Anderson Puckett. |
| 07/10/2023 | NOTICE OF APPEAL as to 407 Order on Motion for Reconsideration, 417 Order on Motion for Reconsideration, by Carl Puckett, Marcella Anderson Puckett. Filing fee not paid. |
| 07/10/2023 | ENDORSED ORDER striking Corrected Counterclaim. (Doc. # 423). For the reasons set forth in the order striking Mr. Puckett's counterclaim (Doc. # 422), the Clerk is directed to strike the counterclaim at Doc. # 423. Signed by Judge Virginia M. Hernandez Covington on 7/10/2023. |
| 07/07/2023 | NOTICE to the Courts to take judicial notice regarding 425 MOTION for Reconsideration re 422 Order by Carl Puckett, Marcella Anderson Puckett. |
| 07/07/2023 | MOTION for Reconsideration re 422 Order by Carl Puckett, Marcella Anderson Puckett. |
| 07/07/2023 | OBJECTION re 417 Order on Motion for Reconsideration, by Carl Puckett, Marcella Anderson Puckett. |
| 07/06/2023 | **STRICKEN PER ORDER 427 **CORRECTED COUNTERCLAIM against Ain Jeem, Inc., Deborah Morales, Chris Stavro filed by DevilDogsTreasure. (AG). Modified text on 7/11/2023 |
| 07/07/2023 | ENDORSED ORDER striking Mr. Puckett's Counterclaim. (Doc. # 421). Mr. Puckett was dismissed as a defendant on July 6, 2022. (Doc. # 356). While the Court granted Mr. Puckett leave to file an amended counterclaim, he failed to respond to Ain Jeem's motion to dismiss (Doc. # 371), resulting in the Court granting the motion to dismiss Mr. Puckett's amended counterclaim as unopposed. (Doc. # 375). The Court did not grant Mr. Puckett leave to amend his counterclaim. As Mr. Puckett is no longer a party to this action, his counterclaim is improper. The Clerk is directed to strike the pleading at Doc. # 421. Signed by Judge Virginia M. Hernandez Covington on 7/7/2023. |
| 07/06/2023 | ***STRICKEN; pursuant to court's endorsed order 422.*** COUNTERCLAIM against Ain Jeem, Inc., Deborah Morales, Chris Stavro filed by DevilDogsTreasure.(AG) Modified text on 7/10/2023 |
| 07/05/2023 | ENDORSED ORDER denying as moot Corrected Motion for Severance of Misjoined Defendants. (Doc. # 415). Mr. Puckett was dismissed as a defendant on July 6, 2022. (Doc. # 356). While the Court granted Mr. Puckett leave to file an amended counterclaim, he failed to respond to Ain Jeem's motion to dismiss (Doc. # 371), resulting in the Court granting the motion to dismiss Mr. Puckett's amended counterclaim as unopposed. (Doc. # 375). Because there are currently no claims pending against Mr. Puckett, the Court cannot provide the relief sought. Signed by Judge Virginia M. Hernandez Covington on 7/5/2023. |
| 06/29/2023 | OBJECTION re 407 Order on Motion for Reconsideration by Carl Puckett, Marcella Anderson Puckett. |
| 06/28/2023 | OBJECTION re 403 Order on Motion for Reconsideration for judicial disqualification by Carl Puckett, Marcella Anderson Puckett. |
| 06/28/2023 | ENDORSED ORDER denying Mr. Puckett's motions for reconsideration (Doc. ## 408, 409) as to the Court's July 6, 2022, order denying Mr. Puckett's motion for summary judgment and for injunctive relief as moot (Doc. # 358) and the Court's July 6, 2022, order granting Plaintiff Ain Jeem's motion to voluntarily dismiss its claim against Mr. Puckett (Doc. # 358). The gist of both of Mr. Puckett's motions is that permitting Ain Jeem to voluntarily dismiss without prejudice its claim against Mr. Puckett has left Mr. Puckett without redress to litigate the claims against him. (Doc. # 408 at 7; Doc. # 409 at 4). But here, while the Court granted Ain Jeem's motion to voluntarily dismiss its claim against Mr. Puckett, it explicitly noted that "the Court has granted Puckett leave to file an amended counterclaim, such that he is still able to seek relief from the Court in this action." (Doc. # 356). Although Mr. Puckett filed an amended counterclaim against Ain Jeem on July 19, 2022 (Doc. # 364), he failed to respond to Ain Jeem's motion to dismiss the counterclaim, resulting in the Court's dismissal of the counterclaim as unopposed. (Doc. # 375). In short, while Mr. Puckett contends that reconsideration of the Court's orders is warranted because Ain Jeem's voluntary dismissal of the claim against him left him unable to litigate the allegations against him, a review of the docket reveals that Mr. Puckett failed to take advantage of the opportunities provided to him to prosecute his counterclaim. Mr. Puckett has thus not "set forth facts or law of a strongly convincing nature to demonstrate to the court the reason to reverse its prior decision." Carter v. Premier Rest. Mgmt., No. 2:06-cv-212-JES-DNF, 2006 WL 2620302, at *1 (M.D. Fla. Sept. 13, 2006) (citing Taylor Woodrow Constr. Corp. v. Sarasota/Manatee Auth., 814 F. Supp. 1072, 1072-73 (M.D. Fla. 1993)). Signed by Judge Virginia M. Hernandez Covington on 6/28/2023. |
| 06/26/2023 | NOTICE to the Courts to take judicial notice regarding 408 Motion for reconsideration re 408 MOTION for Reconsideration re 358 Order on Motion for Summary Judgment Order on Motion for Permanent Injunction by Carl Puckett, Marcella Anderson Puckett. |
| 06/26/2023 | CORRECTED MOTION for severance of misjoined defendant by Carl Puckett, Marcella Anderson Puckett. |
| 06/26/2023 | Corrected NOTICE to the Courts to take judicial notice regarding 412 CORRECTED MOTION to Sever by Carl Puckett, Marcella Anderson Puckett. |
| 06/26/2023 | NOTICE to the Courts to take judicial notice regarding 411 MOTION to Sever by Carl Puckett, Marcella Anderson Puckett. |
| 06/26/2023 | CORRECTED MOTION to Sever misjoined defendant by Carl Puckett, Marcella Anderson Puckett. |
| 06/26/2023 | MOTION for severance of misjoined defendant by Carl Puckett, Marcella Anderson Puckett. |
| 06/26/2023 | NOTICE to the Courts to take judicial notice regarding 409 MOTION for Reconsideration re 356 Order on Motion to Dismiss by Carl Puckett, Marcella Anderson Puckett. |
| 06/26/2023 | MOTION for Reconsideration re 356 Order on Motion to Dismiss by Carl Puckett, Marcella Anderson Puckett. (AG) Modified text on 6/26/2023 |
| 06/26/2023 | MOTION for Reconsideration and to vacate the Court's 358 Order on Motion for Summary Judgment, Order on Motion for Permanent Injunction, by Carl Puckett, Marcella Anderson Puckett. |
| 06/23/2023 | ENDORSED ORDER denying Motion for Reconsideration. (Doc. # 404). Mr. Puckett seeks reconsideration of the Court's August 29, 2022, order granting Ain Jeem's motion to dismiss Mr. Puckett's amended counterclaim. (Doc. # 371). "Reconsideration of a court's previous order is an extraordinary remedy and, thus, is a power which should be used sparingly." Carter v. Premier Rest. Mgmt., No. 2:06-cv-212-JES-DNF, 2006 WL 2620302, at *1 (M.D. Fla. Sept. 13, 2006) (citing American Ass'n of People with Disabilities v. Hood, 278 F. Supp. 2d 1337, 1339 (M.D. Fla. 2003)). "A motion for reconsideration should raise new issues, not merely readdress issues litigated previously," Paine Webber Income Props. Three Ltd. P'ship v. Mobil Oil Corp., 902 F. Supp. 1514, 1521 (M.D. Fla. 1995), and must "set forth facts or law of a strongly convincing nature to demonstrate to the court the reason to reverse its prior decision." Carter, 2006 WL 2620302, at *1 (citing Taylor Woodrow Constr. Corp. v. Sarasota/Manatee Auth., 814 F. Supp. 1072, 1072-73 (M.D. Fla. 1993)). Here, Mr. Puckett contends that the order granting the motion to dismiss should be reversed because (1) the Court lacked jurisdiction to rule on the motion following Mr. Puckett's July 17, 2022, notice of appeal; and (2) the motion failed to comply with Local Rule 3.01(g). Neither reason is compelling. First, the Court's order dismissing Mr. Puckett's amended counterclaim did not implicate issues involved in Mr. Puckett's appeal. (Doc. # 362); see Mahone v. Ray, 326 F.3d 1176, 1179 (11th Cir. 2003) (explaining that the filing of a notice of appeal generally deprives the district court of jurisdiction over all issues involved in the appeal, but that a district court may take actions in furtherance of matters collateral to the appeal (internal citations omitted)). Second, while failure to comply with Local Rule 3.01(g) "can result in denial of the motion without prejudice," the rule does not categorically preclude the Court from ruling on a motion. Third and most importantly, the Court granted Ain Jeem's motion to dismiss as unopposed, because Mr. Puckett failed to respond in the time allotted. (Doc. # 375). If Mr. Puckett wished to raise the issues set forth in the instant motion, he should have done so by responding to Ain Jeem's motion. Signed by Judge Virginia M. Hernandez Covington on 6/23/2023. |
| 06/21/2023 | Request for Judicial Notice Pursuant to the Federal Rules of Evidence 201 in support of Motion for Reconsideration by Carl Puckett, Marcella Anderson Puckett re 404 MOTION for Reconsideration re 375 Order on Motion to Dismiss. |
| 06/22/2023 | ORDER denying without prejudice 398 Motion for Clerk's Default. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 6/22/2023. |
| 06/21/2023 | MOTION for Reconsideration re 375 Order on Motion to Dismiss by Carl Puckett, Marcella Anderson Puckett. 附件： 1:(Exhibit A)(ABC) |
| 06/21/2023 | ENDORSED ORDER denying Motion for Reconsideration. (Doc. # 400). Pursuant to Federal Rule of Civil Procedure 60(b), Mr. Puckett seeks reconsideration of the Court's July 6, 2022, order denying Mr. Puckett's motion for judicial disqualification. (Id. at 18). "Reconsideration of a court's previous order is an extraordinary remedy and, thus, is a power which should be used sparingly." Carter v. Premier Rest. Mgmt., No. 2:06-cv-212-JES-DNF, 2006 WL 2620302, at *1 (M.D. Fla. Sept. 13, 2006) (citing American Ass'n of People with Disabilities v. Hood, 278 F. Supp. 2d 1337, 1339 (M.D. Fla. 2003)). "A motion for reconsideration should raise new issues, not merely readdress issues litigated previously," Paine Webber Income Props. Three Ltd. P'ship v. Mobil Oil Corp., 902 F. Supp. 1514, 1521 (M.D. Fla. 1995), and must "set forth facts or law of a strongly convincing nature to demonstrate to the court the reason to reverse its prior decision." Carter, 2006 WL 2620302, at *1 (citing Taylor Woodrow Constr. Corp. v. Sarasota/Manatee Auth., 814 F. Supp. 1072, 1072-73 (M.D. Fla. 1993)). Here, Mr. Puckett's motion raises various issues unrelated to the order of recusal of which he purports to seek reconsideration, including personal jurisdiction, misjoinder, and the lack of a hearing on the ex parte restraining order. However, as it pertains to Mr. Puckett's original motion for judicial disqualification, Mr. Puckett's present motion does not raise new issues or allege convincing facts or points of law giving the Court reason to reverse its denial of the motion for judicial disqualification. The motion for reconsideration simply reiterates Mr. Puckett's position that bias exists. Having not identified any incorrect procedures or rulings against him, or any pervasive bias and prejudice against him, Mr. Puckett has not shown any ground to justify the Court reconsidering its prior order. See United States v. Berger, 375 F.3d 1223, 1227 (11th Cir. 2004) ("Adverse rulings alone do not provide a party with a basis for holding that the court's impartiality is in doubt."); Brown v. U.S. Pat. & Trademark Off., 226 F. App'x 866, 869 (11th Cir. 2007) ("A party's complaints regarding 'judicial rulings, routine trial administration efforts, and ordinary admonishments (whether or not legally supportable) to counsel' are not sufficient to require recusal." (quoting Liteky v. United States, 510 U.S. 540, 556 (1994))). Signed by Judge Virginia M. Hernandez Covington on 6/21/2023. |
| 06/20/2023 | STATUS report by Hall of Fame Sports Memorabilia, Inc. Modified on 6/21/2023 |
| 06/20/2023 | NOTICE to the Courts to take judicial notice regarding 400 MOTION for Reconsideration re 345 Order on Motion to Disqualify Judge by Carl Puckett. |
| 06/20/2023 | MOTION for Reconsideration re 345 Order on on Motion to Disqualify Judge. by Carl Puckett. |
| 06/19/2023 | STATUS report by Ain Jeem, Inc. Modified on 6/20/2023 |
| 06/19/2023 | MOTION for Clerk's Default against Alextubaka, Hovig Asdourian, Linnea Bernadette Beason, William Guy, HyperThanHype, Kmiseton, Norapinh Norsavanh, Progostore, Terrence Smith, Stephen Thompson, Kenneth Ubom, Mike Watkins by Ain Jeem, Inc. 附件： 1:Exhibit Schedule A - Defaulting Defendants 2:(Affidavit of Richard Guerra) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified on 6/20/2023 (CTR). Modified document number and event on 6/22/2023 (JNB) |
| 06/13/2023 | ENDORSED ORDER: The minutes from the February 16, 2023 hearing on Plaintiff's motion for default judgment reflect that the "Court direct[ed] plaintiff to move again for clerk's default against the 12 remaining defendants and to outline under the state law, the basis for proper service." (Doc. # 393). Yet, months have passed and Plaintiff has not renewed its motion for default judgment against the relevant defendants. Accordingly, Plaintiff is directed to file a status report concerning the status of this case and Plaintiff's efforts to bring this case to its final resolution by June 19, 2023. Signed by Judge Virginia M. Hernandez Covington on 6/13/2023. |
| 05/23/2023 | Notification from the U.S. Court of Appeals, 11th Circuit, that WRIT OF CERTIORARI has been denied by the U.S. Supreme Court as to 362 Notice of Appeal filed by Carl Puckett. Issued on 05/222/2023. The court's mandate having previously issued, no further action will be taken by this court. |
| 02/16/2023 | ENDORSED ORDER denying without prejudice 388 Motion for Default Judgment for the reasons stated at the hearing. Signed by Magistrate Judge Anthony E. Porcelli on 2/16/2023. |
| 02/16/2023 | Minute Entry. Virtual Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 2/16/2023 re 388 MOTION for Default Judgment against Alextubaka, Hovig Asdourian, Linnea Bernadette Beason, William Guy, HyperThanHype, Kmiseton, Norapinh Norsavanh, Progostore, Terrence Smith, Stephen Thompson, Kenneth Ubom, Mike Watkins filed by Ain Jeem, Inc. (digital) |
| 01/31/2023 | NOTICE of hearing on motion re 388 MOTION for Default Judgment. Motion Hearing set for 2/16/2023 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli via Zoom. Zoom information will be sent separately to counsel of record. |
