73 Florida cases classified under this topic, plus 622 listed through its narrower topics · sorted by citation count · browse and sort
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The court held that the amended complaint must be dismissed without prejudice because it fails to state a claim and does not comply with court orders, and a second opportunity to amend is not warranted.
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S.D. Fla.·
2022-12-19
The court recommended dismissal of the operative complaint without prejudice due to the plaintiff's failure to prosecute the case and comply with court orders.
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The court held that the claim against Officer Rodriguez may proceed, but all other claims against the remaining defendants are dismissed with prejudice, with leave to amend for excessive force claims against unidentified officers.
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The court dismissed Ground Four as procedurally defaulted and denied Ground Six, finding the movant's claim of ineffective assistance of counsel regarding failure to file an appeal was contradicted by the record and that the due process claim was procedurally barred.
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The court held that the pro se plaintiff's complaint was deficient and required amendment due to non-compliance with federal rules, including vagueness and shotgun pleading.
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The court denied the plaintiffs' motion for reconsideration because they failed to demonstrate a mistake, newly discovered evidence, or clear error, and did not properly effect service.
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S.D. Fla.·
2022-11-07
The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and was frivolous.
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The court held that the plaintiff's amended complaint was a shotgun pleading and dismissed the case without prejudice.
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The court held that the plaintiff's repeated failure to comply with court orders and lack of diligence warranted dismissal of the action.
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The court dismissed the case due to the pro se plaintiff's willful failure to prosecute and comply with court orders, including pretrial directives.
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The court held that the plaintiff's failure to prosecute and comply with court orders warrants dismissal of the action.
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The Court adopted the Magistrate Judge's recommendation to grant sanctions and dismiss the action without prejudice, overruling the defendant's objection seeking dismissal with prejudice.
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The court held that a pro se litigant's complaint, which sought damages and a pardon from the President and arose from the denial of a prior motion to vacate, should be construed as a successive motion to vacate under 28 U.S.C. § 2255 and dismissed for lack of subject matter juri
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The court granted in part the defendant's motion for sanctions, ordering plaintiff and her counsel to pay the defendant's reasonable expenses and attorney's fees incurred due to discovery violations.
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The court held that a case can be dismissed for failure to comply with court orders, even for pro se litigants.
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S.D. Fla.·
2022-04-28
The court rejected the magistrate judge's recommendation and ordered the plaintiff to file a second amended complaint due to continued deficiencies.
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The court held that the pro se plaintiff's complaint failed to state a claim and was a shotgun pleading, but granted leave to amend.
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The court affirmed the magistrate judge's report, denied the plaintiff's motion for default judgment, and dismissed the case for failure to prosecute and effect proper service.
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The Court granted the defendant's motion to dismiss for lack of prosecution because the plaintiffs failed to respond to the motion or a court order to show cause.
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The court held that the pro se plaintiff's complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, warranting dismissal without prejudice.
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The court held that gender dysphoria is not categorically excluded from the Rehabilitation Act's definition of disability, and thus, the Attorney General's motion for summary judgment based on this exclusion is denied. The court also dismissed claims against other defendants.
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The court held that the plaintiff's Second Amended Complaint was subject to dismissal for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
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The court held that the plaintiff's failure to prosecute and comply with court orders warrants dismissal of the case without prejudice.
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N.D. Fla.·
2021-10-14
The court held that a case may be dismissed sua sponte for failure to prosecute or comply with court orders, especially when the plaintiff has been warned.
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The court held that the plaintiff's complaint was deficient for multiple reasons, including failure to comply with IFP requirements, shotgun pleading, failure to state a claim against a municipality, and seeking non-cognizable relief under § 1983.
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N.D. Fla.·
2021-09-29
The court recommended dismissal of the case because the plaintiff failed to prosecute the action and comply with court orders.
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The court held that dismissal with prejudice and default judgment were excessive sanctions for the plaintiff's non-compliance, given the circumstances involving the former attorney's difficulties and corporate reorganization.
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The court held that a case may be dismissed without prejudice for failure to prosecute and failure to comply with court orders.
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The court held that a pro se plaintiff's repeated failure to comply with court orders and prosecute his case, despite multiple extensions and warnings, warranted dismissal without prejudice under Rule 41(b) and the court's inherent power.
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The court denied the motion to proceed in forma pauperis and dismissed the complaint with leave to amend due to procedural and pleading deficiencies.
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The court held that the plaintiff's application to proceed in forma pauperis was denied due to insufficient documentation, and the complaint was dismissed without prejudice for failing to state a claim and for being a shotgun pleading, with leave to amend.
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The court held that the pro se petitioner's habeas corpus petition and motion to proceed in forma pauperis were properly denied and dismissed due to the petition being an incomprehensible shotgun pleading that failed to state a claim and the court lacking jurisdiction over certai
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The court recommended dismissal of the plaintiff's complaint without prejudice for failure to prosecute and failure to comply with court orders.
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The court recommended dismissal of the amended complaint without prejudice because the plaintiff failed to pay the filing fee or file a motion to proceed in forma pauperis.
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M.D. Fla.·
2020-09-14
The court held that the plaintiff's repeated failure to prosecute the case and disregard for court orders warranted dismissal with prejudice under Rule 41(b).
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The court denied the defendant's motion for sanctions seeking dismissal with prejudice, finding the defendant failed to establish clear and convincing evidence of bad faith or that lesser sanctions would be inadequate.
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M.D. Fla.·
2020-06-09
The court held that dismissal of claims against the Department of Children and Families and the State of Florida without prejudice is appropriate due to the plaintiff's failure to prosecute.
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The court denied the motion for reconsideration, ordering the movant to file a proper amended motion within 21 days.
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The court held that the First Amended Complaint filed by HPD Advisors was improper because HPD failed to properly substitute or intervene as a party, and thus the complaint was stricken.
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The court dismissed the case without prejudice due to the plaintiff's failure to comply with court orders and local rules.
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The court dismissed plaintiff Edmondson's claims with prejudice for failure to prosecute and denied defendants' motion for judgment as a matter of law, but deferred ruling on costs pending a renewed motion.
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The court denied the motion to dismiss for failure to prosecute, denied the plaintiff's motion for extension, and ordered the plaintiff's counsel to pay the defendant's attorneys' fees and costs for attending a missed mediation, while also referring the parties to mediation.
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The court held that the defendant's repeated failure to comply with discovery orders, despite multiple directives and warnings, constituted willful non-compliance justifying severe sanctions.
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M.D. Fla.·
2019-11-13
A stipulation of dismissal, if clear and unconditional, is self-executing and divests the court of jurisdiction upon filing.
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The court denied the request for sanctions (dismissal) but granted the motion to compel further discovery, ordering plaintiffs to provide amended responses and awarding defendant attorney's fees for the motion.
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The court held that the plaintiff's amended complaint was subject to dismissal for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
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362 F. Supp. 2d 1298·
M.D. Fla.·
2003-12-16
The court held that it lacks statutory authority to issue a warrant to seize electronic data located outside its district for a child pornography investigation, as such authority is limited by statute to terrorism investigations.
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The court granted the plaintiffs' motion to amend their complaint, finding that justice required permitting the amendment. The court determined that the proposed amendments related back to the date of the original filing and that the defendants would not be unduly prejudiced.
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The court held that the district court did not abuse its discretion in dismissing the plaintiffs' case with prejudice as a sanction for repeated noncompliance with court orders and failure to prosecute.
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993 F.2d 1·
1st Cir.·
1993-05-11
The court vacated the dismissal and remanded to the district court to decide whether to allow the case to proceed, considering the statute of limitations issue.