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Docket Text

1 

COMPLAINT against FRANK JOHANSON, J SCOTT THAYER , filed by GERALD GILL, JR.(no service copies provided) (Attachments: # 1 Exhibits A-J# 2 Exhibits K-M# 3 Summons for defendants)(llt, Gainesville) (Entered: 04/17/2006)

2 

MOTION for Leave to Proceed in forma pauperis (Prisoner Consent Form and Financial Certificate) by GERALD GILL, JR. (Attachments: # 1 Trust Fund Account Statements)(llt, Gainesville) Modified on 4/17/2006 (llt, Gainesville). (Entered: 04/17/2006)

3 

Notice to Pro Se (llt, Gainesville) (Entered: 04/17/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 2 MOTION for Leave to Proceed in forma pauperis, MOTIONS REFERRED to Judge Kornblum(llt, Gainesville) (Entered: 04/17/2006)

4 

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; 5/30/06 deadline set for Plaintiff to submit partial filing fee. Clerk to mail a coy of this order to Leon County Jail Inmate Accounts. . Signed by Judge ALLAN KORNBLUM. (llt, Gainesville) (Entered: 04/20/2006)

Set Deadlines/Hearings Partial filing Fee due by 5/30/2006 (per 4 order (llt, Gainesville) (Entered: 04/20/2006)

5 

Filing fee: $ 54.16, receipt number 400-110462 (llt, Gainesville) (Entered: 05/01/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 1 Complaint, and 5 Filing Fee Received, per 4 Order on Motion for Leave to Proceed in forma pauperis,, (llt, Gainesville) (Entered: 05/01/2006)

6 

REQUEST for case status by GERALD GILL, JR. (Copy of docket sent to plaintiff)(deb, Gainesville) (Entered: 05/26/2006)

7 

MOTION to Appoint Counsel by GERALD GILL, JR. (llt, Gainesville) (Entered: 06/07/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 7 MOTION to Appoint Counsel, MOTIONS REFERRED to Judge Kornblum (llt, Gainesville) (Entered: 06/07/2006)

8 

Second Request for status check by GERALD GILL, JR. Copy of docket sheet sent in response. (llt, Gainesville) (Entered: 06/29/2006)

9 

Request for Review by GERALD GILL, JR. (llt, Gainesville) (Entered: 07/11/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 9 Request for review. (llt, Gainesville) (Entered: 07/11/2006)

10 

ORDER denying 7 Motion to Appoint Counsel. Plaintiff shall have until July 24, 2006, to provide the Court with two (2)identical copies of his original complaint for service on the Defendants. Signed by Judge ALLAN KORNBLUM. (llt, Gainesville) (Entered: 07/11/2006)

Set Deadlines/Hearings Miscellaneous Deadline for Plaintiff to provide (2) service copies - by 7/24/2006 (per 10 Order) (llt, Gainesville) (Entered: 07/11/2006)

11 

MOTION for copy of original complaint to provide service copies per 10 Order by GERALD GILL, JR. (llt, Gainesville) (Entered: 07/24/2006)

12 

NOTICE of providing 2 service copies of exhibits for service copies of complaint by GERALD GILL, JR as directed in 10 Order (service copies of complaint pending, reference 11 Motion) (llt, Gainesville) (Entered: 07/24/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 11 MOTION for copy of original complaint re 10 Order (Clerk's office has received (2) service copies of Exhibits, reference 12 Notice.) MOTIONS REFERRED to Judge Kornblum (llt, Gainesville) (Entered: 07/24/2006)

13 

ORDER finding as moot 11 Motion for copy of original complaint to provide service copies; Clerk directed to provide (2) service copies of the 1 complaint, and use copies of exhibits provided by Plaintiff to attach to the complaint for service, and to issue summons and send to US Marshal with copy of this order. Clerk shall forward to Plaintiff a form for consenting to trial by the Magistrate Judge . Signed by Judge ALLAN KORNBLUM. (llt, Gainesville) (Entered: 07/26/2006)

14 

Summons Issued as to FRANK JOHANSON, J SCOTT THAYER, (llt, Gainesville) (Entered: 07/26/2006)

Set/Reset Deadline - Miscellaneous Deadline for clerk to monitor case for returns of service executed - by 9/30/2006 (llt, Gainesville) (Entered: 07/26/2006)

15 

NOTICE OF INQUIRY by GERALD GILL, JR; copy of docket sheet sent in response. (llt, Gainesville) (Entered: 10/05/2006)

17 

NOTICE of Change of Address by GERALD GILL, JR, #817634; New Address: KISSIMMEE WORK RELEASE CENTER 2925 MICHIGAN AVENUE KISSIMMEE FL 34744-1200 (llt) (Entered: 10/16/2006)

18 

MOTION to Amend/Correct 1 Complaint by GERALD GILL, JR. (llt) (Entered: 10/16/2006)

19 

Summons Returned Unexecuted by GERALD GILL, JR as to J SCOTT THAYER. (llt) (Entered: 10/16/2006)

20 

Summons Returned Unexecuted by GERALD GILL, JR as to FRANK JOHANSON. (llt) (Entered: 10/16/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 18 MOTION to Amend/Correct 1 Complaint, MOTIONS REFERRED Motions referred to ALLAN KORNBLUM. (llt) (Entered: 10/16/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 20 Summons Returned Unexecuted, 19 Summons Returned Unexecuted (reference 13 Order ) (Documents 17,18,19, & 20 forwarded to Chambers of AK) (llt) (Entered: 10/16/2006)

21 

SECOND SERVICE ORDER re 1 Complaint filed by GERALD GILL, JR; Clerk shall again issue summons for the Defendants Johanson and Thayer and send to the US Marshal with a copy of the complaint aof this order for each Defendant. Signed by Judge ALLAN KORNBLUM on 10/26/06. Miscellaneous Deadline for clerk to monitor case for returns of service executed/unexecuted - by 11/27/2006 (llt) (Entered: 10/27/2006)

22 

Summons Issued as to FRANK JOHANSON, J SCOTT THAYER. (per 21 order) (llt) (Entered: 10/30/2006)

23 

Request for Clerk's Entry of Default by GERALD GILL, JR. (llt) (Entered: 11/03/2006)

24 

Denial of Clerk's ENTRY OF DEFAULT; no returns of service executed filed as to either defendant. (llt) (Entered: 11/03/2006)

26 

Rule 72 Objection to Magistrate Judge's Order by GERALD GILL, JR re 10 Order on Motion to Appoint Counsel and Timely Second Service of Defendants Summons (per Chambers of Magistrate Judge Kornblum) (llt) Modified on 11/8/2006 to correct typo(llt, Gainesville). (Entered: 11/08/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Paul notified that action is needed Re: 26 Rule 72 Objection to Magistrate Judge's Order by GERALD GILL, JR re 10 Order on Motion to Appoint Counsel and Timely Second Service of Defendants Summons (per Chambers of Magistrate Judge Kornblum) (llt) (Entered: 11/08/2006)

28 

ORDER re 26 Rule 72 Objection to Magistrate Judge's Order by GERALD GILL, JR re 10 Order on Motion to Appoint Counsel and Timely Second Service of Defendants Summons filed by GERALD GILL, JR affirming the decision not to appoint counsel. Signed by Judge MAURICE M PAUL on 11/9/06. (llt) (Entered: 11/09/2006)

29 

MOTION for Leave to File Additional Exhibit M re 1 Complaint by GERALD GILL, JR. (llt) (Entered: 11/15/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 29 MOTION for Leave to File Exhibit M re 1 Complaint, MOTIONS REFERRED Motions referred to ALLAN KORNBLUM. (llt) (Entered: 11/15/2006)

31 

MOTION for subpoena to obtain prison medical records by GERALD GILL, JR. (llt) (Entered: 11/16/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 31 MOTION for subpoena, MOTIONS REFERRED to ALLAN KORNBLUM. (doc 31 forwarded to Chambers for filing) (llt) (Entered: 11/16/2006)

32 

ORDER denying 29 Motion for Leave to File Exhibit M to the complaint. Signed by Judge ALLAN KORNBLUM on 11/16/06. (llt) (Entered: 11/17/2006)

33 

ORDER denying 31 Motion for subpeona to obtain prison medical records. Signed by Judge ALLAN KORNBLUM on 11/17/06. (llt) (Entered: 11/20/2006)

34 

NOTICE of Plaintiff's Consent to Jurisdiction by a US Magistrate Judge by GERALD GILL, JR with letter explaining why certificate of service was not sent. (llt) (Entered: 11/28/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 34 Notice of Plaintiff's Consent to Jurisdiction by a US Magistrate Judge by GERALD GILL, JR with letter explaining why certificate of service was not sent. (llt) (Entered: 11/28/2006)

36 

SUMMONS Returned Executed; FRANK JOHANSON served on 11/9/2006, answer due 1/8/2007. (llt) (Entered: 11/29/2006)

37 

MOTION for Preliminary Injunction by GERALD GILL, JR. (llt) (Entered: 11/30/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 37 MOTION for Preliminary Injunction, MOTIONS REFERRED to ALLAN KORNBLUM. (doc 37 forwarded to Chambers) (llt) (Entered: 11/30/2006)

38 

MOTION for clarification of previous motion re 18 MOTION to Amend/Correct 1 Complaint by GERALD GILL, JR. (llt) (Entered: 12/11/2006)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 38 MOTION for clarification of previous motion re 18 MOTION to Amend/Correct 1 Complaint, MOTIONS REFERRED to ALLAN KORNBLUM. (llt) (Entered: 12/11/2006)

40 

First MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by FRANK JOHANSON. (CALLAGHAN, SEAN) (Entered: 01/08/2007)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Allan Kornblum notified that action is needed Re: 40 First MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint, MOTIONS REFERRED (deb) (Entered: 01/09/2007)

41 

ORDER denying 18 MOTION to Amend/Correct 1 Complaint filed by GERALD GILL, JR; denying as moot 38 MOTION for clarification of previous motion re 18 MOTION to Amend/Correct 1 Complaint filed by GERALD GILL, JR; denying 37 MOTION for Preliminary Injunction filed by GERALD GILL, JR; and granting 40 First MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint filed by FRANK JOHANSON, Answer due by 2/12/2007 Signed by Judge ALLAN KORNBLUM on 1/9/07. (llt) (Entered: 01/11/2007)

42 

NOTICE of Change of Address by GERALD GILL, JR effective 1/18/07 upon release from correctional facility: PO B0X 377 BRANDON FL 33509. (llt) (Entered: 01/17/2007)

44 

Third Service ORDER re 1 Complaint filed by GERALD GILL, JR; Clerk to issue summons for Defendant Scott Thayer at address shown on 19 return and forward to the USM Signed by Judge ALLAN KORNBLUM on 1/18/07. (llt) Modified on 1/19/2007 to clarify text(llt, Gainesville). (Entered: 01/19/2007)

45 

NOTICE of Inquiry by GERALD GILL, JR; copy of docket sheet sent in response (llt) Modified on 1/19/2007 (llt, Gainesville). (Entered: 01/19/2007)

48 

Summons Issued as to J SCOTT THAYER per 44 order. (llt) (Entered: 01/22/2007)

Set/Reset Deadline - Miscellaneous Deadline for clerk to monitor case for return of service executed as to Scott Thayer per 44 order - by 3/12/2007 (llt) (Entered: 01/22/2007)

49 

MOTION for Leave to File Amended Complaint re 1 Complaint by GERALD GILL, JR. (llt) (Entered: 02/01/2007)

50 

(STRICKEN per 68 order) First AMENDED COMPLAINT against FRANK JOHANSON, J SCOTT THAYER, filed by GERALD GILL, JR. with jury demand. (llt) Modified on 3/22/2007 (llt, Gainesville). (Entered: 02/01/2007)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 49 MOTION for Leave to File Amended Complaint re 50 Amended Complaint, MOTIONS REFERRED to ALLAN KORNBLUM. (llt) (Entered: 02/01/2007)

52 

(See doc 53 Motion to extend time to answer ) RESPONSE to Motion re 49 MOTION for Leave to File re 1 Complaint and Motion for Enlargement filed by FRANK JOHANSON. (CALLAGHAN, SEAN) Modified on 2/21/2007 (llt, Gainesville). (Entered: 02/02/2007)

53 

MOTION for Extension of Time to File Answer re 1 Complaint, or 50 Amended Complaint (this pdf/image is the same as the 52 Response; for statistical purposes, the clerk posting this pleading as a motion ) by FRANK JOHANSON. (llt) (Entered: 02/05/2007)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 52 Response to 49 Motion and 53 MOTION for Extension of Time to File Answer re 50 Amended Complaint,, MOTIONS REFERRED to ALLAN KORNBLUM. (llt) (Entered: 02/05/2007)

54 

Summons Returned Unexecuted as to J SCOTT THAYER; no longer ar New River C.I. Now located at the Reception and Medical Cetner at Lake Butler FL. (llt) (Entered: 02/10/2007)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 54 Summons Returned Unexecuted as to James Scott Thayer (reference 44 Order.) (llt) (Entered: 02/10/2007)

56 

Request for Clerk's Entry of Default by GERALD GILL, JR. (llt) (Entered: 02/20/2007)

59 

MOTION for service to be executed by the US Marshal (re 54 Summons Returned Unexecuted as to J SCOTT THAYER) by GERALD GILL, JR. (llt) (Entered: 02/21/2007)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 59 MOTION for service to be executed by the US Marshal re 54 Summons Returned Unexecuted as to Frank Johanson, MOTIONS REFERRED to ALLAN KORNBLUM. (llt) (Entered: 02/21/2007)

60 

Clerk Copy of Letter from Gerald Gill Jr to Mr. Callaghan. (llt) (Entered: 02/21/2007)

57 

Clerk's DENIAL OF DEFAULT as to FRANK JOHANSON (llt) (Entered: 02/21/2007)

64 

RESPONSE to Motion re 53 MOTION for Extension of Time to File Answer re 50 Amended Complaint filed by GERALD GILL, JR. (llt) (Entered: 02/26/2007)

62 

ORDER re 1 Complaint filed by GERALD GILL, JR, and 54 Summons Returned Unexecuted on Defendant James Scott Thayer. Clerk to issue summons for Defendant at RMC, Lake Butler, FL and forward to USM, Signed by Judge ALLAN KORNBLUM on 2/26/07. (Consent to Magistrate form forwarded to Plaintiff)Miscellaneous Deadline for clerk to monitor case for return of service - by 4/12/2007 (llt) Modified on 2/26/2007 (llt, Gainesville). (Entered: 02/26/2007)

63 

Summons Issued as to J SCOTT THAYER. (service packet forwarded to USM) (llt) (Entered: 02/26/2007)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 64 Response to Motion (llt) (Entered: 02/26/2007)

66 

MOTION to Expedite (Notice of Objection to District Judge) by GERALD GILL, JR. (per Chambers) (llt) (Entered: 03/20/2007)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Kornblum notified that action is needed Re: 66 MOTION to Expedite, MOTIONS REFERRED to ALLAN KORNBLUM. (llt) (Entered: 03/20/2007)

68 

ORDER granting Plaintiff's 49 Motion for Leave to File an Amended Complaint insofar as his prayer for relief shall be amended as set forth in this order; 50 Amended Complaint to be stricken from the docket as unnecessary. Defendant Johanson's 53 Motion for Extension of Time to Answer re 1 Complaint is granted. Defendant Johanson shall respond to the complaint, with amended prayer for relief as set forth in this order, within sixty days of the date of service upon Defendant Scott Thayer. 66 Motion to Expedite deemed moot. Signed by Judge ALLAN KORNBLUM on 3/21/07. (llt) (Entered: 03/22/2007)

Set/Reset Deadline - Miscellaneous Deadline for clerk to monitor case for return of service executed as to Defendant Scott Thayer; if both Defendants represented by same counsel, set (60) day answer deadline as to Defendant Johanson per 68 order - by 4/16/2007 (llt) (Entered: 03/22/2007)

69 

SUMMONS Returned Executed J SCOTT THAYER served on 3/12/2007, answer due 5/11/2007. (llt) (Entered: 03/27/2007)

70 

NOTICE of Inquiry by GERALD GILL, JR re Exhibit M with 1 Complaint (llt) (Entered: 03/27/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 70 Notice of Inquiry by GERALD GILL, JR re Exhibit M with 1 Complaint (llt) (Entered: 03/27/2007)

72 

ORDER re 70 Notice of Inquiry by GERALD GILL, JR re Exhibit M with 1 Complaint filed by GERALD GILL, JR ; Plaintiff need not file anything further with the court until Defendants file their special report Signed by Judge ALLAN KORNBLUM on 3/28/07. (llt) (Entered: 03/28/2007)

73 

SPECIAL REPORT by FRANK JOHANSON, J SCOTT THAYER. (Attachments: # 1 Exhibit) (CALLAGHAN, SEAN) (Entered: 05/11/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 73 Special Report by FRANK JOHANSON, J SCOTT THAYER. (llt) (Entered: 05/14/2007)

74 

(Construed as Motion for Discovery per 78 Order) MOTION to Stay Case to Respond to 73 Special Report and to Request Medical Records by GERALD GILL, JR. (llt) Modified on 5/18/2007 (llt, Gainesville). (Entered: 05/15/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 74 MOTION to Stay case in response re 73 Special Report and to Request Medical Records Motions referred to ALLAN KORNBLUM. (llt) (Entered: 05/15/2007)

76 

ORDER re 73 Special Report filed by J SCOTT THAYER, FRANK JOHANSON advising the Parties the report will be treated as a motion for summary judgment and they may submit any additional meterial in support of or opposition to summary judgment before it is taken under advisement on 7/16/2007 Signed by Judge ALLAN KORNBLUM on 5/18/07. (llt) (Entered: 05/16/2007)

77 

MOTION for Summary Judgment by FRANK JOHANSON, J SCOTT THAYER. (Attachments: # 1 Exhibits) (llt) (Entered: 05/16/2007)

78 

ORDER re: 74 MOTION to Stay re 73 Special Report and motion to Produce filed by GERALD GILL, JR. Motion construed as a motion for discovery and granted. Plaintiff to file a motion for discovery by 5/25/2007 with proposed interrogatories attached Signed by Judge ALLAN KORNBLUM on 5/17/07. (llt) (Entered: 05/18/2007)

79 

MOTION to Produce documents by GERALD GILL, JR. (llt) (Entered: 05/22/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 79 MOTION to Produce Documents per 78 Order. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 05/22/2007)

81 

ORDER granting 79 First Request for Production of Documents construed as motion to produce documents. The request for documents deemed served upon Defendants on this date. Signed by Judge ALLAN KORNBLUM on 5/23/07. (llt) (Entered: 05/24/2007)

82 

(Construed as Motion for Leave to serve the Interrogatories per 83 order) NOTICE of filing First Set of Interrogatories to Defendants by GERALD GILL, JR re 78 Order. (llt) Modified on 5/31/2007 (llt, Gainesville). (Entered: 05/25/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 82 Notice of Filing First Set of Interrogatories to Defendants, per 81 Order (llt) (Entered: 05/25/2007)

83 

ORDER construeing 82 Notice of filing First Set of Interrogatories to Defendants by GERALD GILL, JR re 78 Order, as a Motion for Leave to Serve the Interrogatories. Leave is granted and interrogatories deemed served on this date. Signed by Judge ALLAN KORNBLUM on 5/29/07. (llt) (Entered: 05/30/2007)

85 

NOTICE of explanation in support by GERALD GILL, JR re 82 Notice of filing First Set of Interrogatories to Defendants (llt) (Entered: 05/30/2007)

86 

Mail Returned as Undeliverable. Mail sent to Gerald Gill Jr. Re: 76 ORDER re 73 Special Report; mail forwarded to new address as indicated in 85 NOTICE of explanation in support by GERALD GILL, JR : GERALD E GILLC/O RTS PO BOX 377 BRANDON FL 33509 (llt) (Entered: 05/30/2007)

84 

NOTICE of Appearance by JOE BELITZKY on behalf of all defendants (BELITZKY, JOE) (Entered: 05/30/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 85 Notice of explanation in support by GERALD GILL, JR re 82 Notice of filing First Set of Interrogatories to Defendants (llt) (Entered: 05/30/2007)

88 

MOTION requesting subpoenas for Dr. Mark Abramson and Ms. M. Wilson, ARNP. by GERALD GILL, JR. (Attachments: # 1 Copies of Consultant's Reports) (llt) (Entered: 06/08/2007)

89 

REQUEST for information as to the proper procedure in offering exhibits to the court by GERALD GILL, JR. (llt) (Entered: 06/08/2007)

90 

Mail Returned as Undeliverable. Mail sent to GERALD GIL JR Re: 83 ORDER construeing 82 Notice of filing First Set of Interrogatories to Defendants by GERALD GILL, JR re 78 Order, as a Motion for Leave to Serve the Interrogatories. Leave is granted and interrogatories deemed served on this date. Signed by Judge ALLAN KORNBLUM on 5/29/07. (llt) New address as indicated on 89 REQUEST for information by GERALD GILL, JR: 910 SYMPHONY BEACH LANE, APOLLO BEACH FL 33572. Mail forwarded to new address. (address data updated accordingly) (llt) (Entered: 06/08/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 89 Requestfor information as to the proper procedure in offering exhibits to the court by GERALD GILL, JR., and 88 MOTION requesting subpoenas for Dr. Mark Abramson and Ms. M. Wilson, ARNP. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 06/11/2007)

92 

ORDER denying 88 Motion requesting Subpoenas. Information requested about exhibits supplied. Signed by Judge ALLAN KORNBLUM on 6/12/07. (llt) (Entered: 06/13/2007)

93 

NOTICE of Change of Address by GERALD GILL, JR; New Address: 910 Symphony Beach Lane, Apollo Beach, FL 33572. (llt) Additional attachment(s) added on 6/18/2007 to correct posting error(llt, Gainesville). (Entered: 06/18/2007)

95 

MOTION (Notice of Conflict of Interest) that the State Attorneys Office be removed from the case and that Defendants be afforded counsel by the FLDOC, by GERALD GILL, JR. (llt) (Entered: 06/20/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 95 MOTION that the State Attorneys Office be removed from the case. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 06/20/2007)

97 

NOTICE of request for sworn affidavit from Ms. M. Wilson ARNP by Interrogatories filed by GERALD E. GILL (per 92 Order.) (llt) Attachment #1 Copy of 92 Order . Modified on 6/25/2007 to add attachment (llt, Gainesville). Modified on 6/28/2007 to clarify text(llt, Gainesville). (Entered: 06/25/2007)

98 

NOTICE of Request for Affidavit from Dr. M. Abramson by interrogatories fild by GERALD E. GILL (per 92 order) (llt) Attachment #1 Copy of 92 Order . Modified on 6/25/2007 to add attachment(llt, Gainesville). Modified on 6/28/2007 to clarify text(llt, Gainesville). (Entered: 06/25/2007)

100 

MOTION to Compel Discovery and to require Defendant to pay Plaintiff a reasonable sum and expenses in obtaining an order and traveling to North Florida to inspect prison records by GERALD GILL, JR. (Attachments: # 1 5/22/07 First Request for Production of Documents) (llt) (Entered: 06/25/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 100 MOTION to Compel Discover and to require Defendant to pay Plaintiff a reasonable sum and expenses in obtaining an order and traveling to North Florida to inspect prison records. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 06/25/2007)

102 

ORDER denying 95 MOTION of conflict filed by GERALD GILL, JR, and granting 100 MOTION to Compel filed by GERALD GILL, JR. Defendant shall show cause in writing why sanctions should not be imposed or serve the document requests upon Plaintiff by 7/2/2007. Signed by Judge ALLAN KORNBLUM on 6/26/07.. (llt) (Entered: 06/27/2007)

103 

NOTICE of compliance with court's order and service of responses to discovery by FRANK JOHANSON, J SCOTT THAYER re 102 Order,, Set Deadlines/Hearings, (BELITZKY, JOE) (Entered: 07/02/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 103 Notice of Compliance, per 102 Order. (llt) (Entered: 07/03/2007)

104 

MOTION for Extension of Time to File Response/Reply as to 77 MOTION for Summary Judgment and Notice of Intent to File Motion to Voluntarily Dismiss Defendant Johanson by GERALD GILL, JR. (llt) (Entered: 07/11/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 104 MOTION for Extension of Time to File Response/Reply as to 77 MOTION for Summary Judgment and Notice of intent to file motion to voluntarily dismiss Defendant Johanson. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 07/11/2007)

106 

ORDER granting 104 MOTION for Extension of Time to File Response/Reply as to 77 MOTION for Summary Judgment filed by GERALD GILL, JR Signed by Judge ALLAN KORNBLUM on 7/12/07. (Internal deadline for referral to judge if response not filed earlier: 8/13/2007) (llt) (Entered: 07/12/2007)

107 

MOTION for Second Order to Produce Documents (Compelling Discovery) by GERALD GILL, JR. (Attachments: # 1 Exhibits) (llt) (Entered: 07/31/2007)

109 

Third MOTION to Appoint Counsel by GERALD GILL, JR. (llt) Modified on 8/1/2007 to edit text(llt, Gainesville). (Entered: 08/01/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 107 MOTION for Second Order for Production of Documents (Compelling Discovery.) Motions referred to ALLAN KORNBLUM. (llt) (Entered: 07/31/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 109 Third MOTION to Appoint Counsel. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 08/01/2007)

111 

ORDER granting 107 MOTION for Second Order Compelling Discover filed by GERALD GILL, JR. Defendants shall produce medical record to Plaintiff by 8/16/2007 and file a Notice to the Court indicating service has been completed. Plaintiff to file Response to the 77 motion for summary judgment by 8/31/2007. Ruling as to 109 Motion for Appointment of Counsel reserved until 8/31/07. Signed by Judge ALLAN KORNBLUM on 8/9/07. (llt) Modified on 8/24/2007 to clarify text (llt, Gainesville). (Entered: 08/09/2007)

112 

Second MOTION for Extension of Time to File Response as to 77 MOTION for Summary Judgment by GERALD GILL, JR. (llt) (Entered: 08/14/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 112 Second MOTION for Extension of Time to File Response as to 77 MOTION for Summary Judgment. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 08/14/2007)

114 

ORDER granting 112 Second MOTION for Extension of Time to File Responseas to 77 MOTION for Summary Judgment filed by GERALD GILL, JR ; Response to motion due by by 10/10/2007. Signed by Judge ALLAN KORNBLUM on 8/15/07. (llt) (Entered: 08/15/2007)

115 

NOTICE to the court reference production of medical records by FRANK JOHANSON, J SCOTT THAYER re 111 Order,, Set Deadlines/Hearings, (BELITZKY, JOE) (Entered: 08/16/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 115 Notice to the Court indicating service has been completed re 111 order. (llt) (Entered: 08/17/2007)

116 

MOTION for Entry of Default Pursuant to Rule 55 of the Federal Rules of Civil Procedure by GERALD GILL, JR. (llt) (Entered: 08/27/2007)

119 

RESPONSE to clarify an issue as mentioned in 111 Order granting 107 MOTION for Second Order Compelling Discovery filed by GERALD GILL, JR. (llt) (Entered: 08/28/2007)

117 

MOTION to Withdraw 116 MOTION for Entry of Default by GERALD GILL, JR. (llt) (Entered: 08/27/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 116 MOTION for Entry of Default, and 117 MOTION to Withdraw 116 MOTION for Entry of Default. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 08/27/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 119 Response to clarify an issue as mentioned in 111 Order granting 107 MOTION for Second Order Compelling Discovery filed by GERALD GILL, Jr. (llt) (Entered: 08/28/2007)

121 

ORDER granting 117 Motion to Withdraw; 116 Motion for Entry of Default deemed withdrawn. Signed by Judge ALLAN KORNBLUM on 8/28/07. (llt) (Entered: 08/29/2007)

122 

NOTICE of finding Counsel agreeing to take the case if appointed by GERALD GILL, JR re 111 Order. (llt) (Entered: 10/10/2007)

123 

RESPONSE to Motion re 77 MOTION for Summary Judgment filed by GERALD GILL, JR. (Attachments: # 1 Exhibit 1-10# 2 Exhibits 11 -29B) (llt) (Entered: 10/10/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 77 MOTION for Summary Judgment, and 123 Response to 77 Motion. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 10/10/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 122 Notice of finding Counsel agreeing to take the case if appointed. (llt) (Entered: 10/10/2007)

125 

ORDER re 123 Response to Motion filed by GERALD GILL, JR ; Clerk directed to post the two motions included in said response separately as (1) Motion to Dismiss Defendant Frank Johanson, and (2) Request for Joiner. Defendants' response due 11/12/07. Signed by Judge ALLAN KORNBLUM on 10/29/07. (llt) (Entered: 10/30/2007)

126 

MOTION to Dismiss Defendant Frank Johanson (reference page 9) by GERALD GILL, JR. (per 125 order) (Internal deadline for referral to judge if response not filed earlier: 11/12/2007) (llt) (Entered: 10/30/2007)

127 

MOTION for Joinder (reference page 10) (per 125 Order.) by GERALD GILL, JR. (llt) (Entered: 10/30/2007)

Set/Reset Deadlines as to 127 MOTION for Joinder. (Internal deadline for referral to judge if response not filed earlier: 11/12/2007) (per 125 Order.) (llt) (Entered: 10/30/2007)

128 

REPORT AND RECOMMENDATION re 77 MOTION for Summary Judgment filed by J SCOTT THAYER, FRANK JOHANSON : It is recommended that Defendants' Motion for Summary Judgment be GRANTED IN PART, only insofar as Plaintiff's claims against both Defendants in their official capacities for monetary damages are precluded by law and his claims against them for injunctive relief is MOOT. The motion should be DENIED IN ALL OTHER RESPECTS and this cause remanded to the magistrate for further proceedings to include possible appointment of counsel. Signed by Judge ALLAN KORNBLUM on 10/31/07. Internal deadline for referral to district judge if objections are not filed earlier: 11/28/2007 (llt) (Entered: 10/31/2007)

129 

RESPONSE in Support re 127 MOTION for Joinder filed by FRANK JOHANSON, J SCOTT THAYER. (Attachments: # 1) (BELITZKY, JOE) (Entered: 11/07/2007)

130 

RESPONSE to Motion re 126 MOTION to Dismiss Defendant Frank Johanson filed by FRANK JOHANSON, J SCOTT THAYER. (BELITZKY, JOE) (Entered: 11/07/2007)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge ALLAN KORNBLUM notified that action is needed Re: 126 MOTION to Dismiss, 130 Response to 127 MOTION for Joinder, 129 Response in Support of 127 Motion. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 11/08/2007)

131 

SECOND REPORT AND RECOMMENDATION re 127 MOTION for Joinder filed by GERALD GILL, JR, and 126 MOTION to Dismiss filed by GERALD GILL, JR : It is recommended that the Motion to Dismiss Defendant Frank Johanson be granted and that the Motion for Joinder be granted, but no additional action need be taken on consolidation in light of the recommendations regarding this motion pending in case #4:07cv222. Signed by Judge ALLAN KORNBLUM on 11/19/07. Internal deadline for referral to district judge if objections are not filed earlier: 12/17/2007 (llt) Modified on 11/20/2007 to clarify text(llt, Gainesville). (Entered: 11/20/2007)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of Judge SENIOR JUDGE MAURICE M PAUL notified that action is needed Re: 128 REPORT AND RECOMMENDATION re 77 MOTION for Summary Judgment filed by J SCOTT THAYER, FRANK JOHANSON ; no objections filed to date. (llt) (Entered: 12/04/2007)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE MAURICE M PAUL notified that action is needed Re: 126 MOTION to Dismiss, 127 MOTION for Joinder, and 131 REPORT AND RECOMMENDATION re 127 MOTION for Joinder filed by GERALD GILL, JR, 126 MOTION to Dismiss filed by GERALD GILL, JR ; no objection filed to date. (llt) (Entered: 12/18/2007)

Set Deadlines/Hearings Defendant Cherry's Answer (to complaint in associated case 4:07cv222spm)due by 1/10/2008 per 20 order in 4:07cv222. (llt) (Entered: 12/20/2007)

132 

MOTION for Settlement referral to Magistrate for Settlement Conference by FRANK JOHANSON, J SCOTT THAYER, DANIEL P CHERRY, III. (BELITZKY, JOE) (Entered: 12/21/2007)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE MAURICE M PAUL notified that action is needed Re: 132 MOTION for Settlement referral to Magistrate for Settlement Conference (llt) (Entered: 12/21/2007)

ACTION NO LONGER REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE MAURICE M PAUL notified that action is no longer needed Re: 132 MOTION for Settlement referral to Magistrate for Settlement Conference. Motion to be referred to the Magistrate Judge. (tea) (Entered: 01/04/2008)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ALLAN KORNBLUM notified that action is needed Re: 132 MOTION for Settlement referral to Magistrate for Settlement Conference. Motions referred to ALLAN KORNBLUM. (tea) (Entered: 01/04/2008)

133 

ORDER granting 132 MOTION for Settlement referral to Magistrate for Settlement Conference filed by J SCOTT THAYER, FRANK JOHANSON, DANIEL P CHERRY, III. Parties shall submit confidential settlement memoranda directly to Judge Kornblum by 1/28/08. ( Settlement Conference set for 1/31/2008 10:00 AM before MAGISTRATE JUDGE ALLAN KORNBLUM.). Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 1/4/08. (llt) (Entered: 01/04/2008)

134 

ORDER ADOPTING 131 Second Report and Recommendation. Motion to dismiss Mr. Johanson (page 9 of doc 126) and motion to consolidate (page 10 of doc 127) granted. This case remanded to the Magistrate Judge for further proceedings.. Signed by SENIOR JUDGE MAURICE M PAUL on 1/4/08. (llt) (Entered: 01/04/2008)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ALLAN KORNBLUM notified that action is needed Re: 134 Order Adopting Report and Recommendation. Motion to dismiss Mr. Johanson (page 9 of doc 126) and motion to consolidate (page 10 of doc 127) granted. This case remanded to the Magistrate Judge for further proceedings. (llt) (Entered: 01/04/2008)

135 

MOTION for Extension of Time to File Response/Reply as to 1 Complaint by DANIEL P CHERRY, III. (BELITZKY, JOE) (Entered: 01/09/2008)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ALLAN KORNBLUM notified that action is needed Re: 135 Unopposed MOTION for Extension of Time to File Response/Reply as to 1 Complaint. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 01/10/2008)

136 

ORDER granting 135 MOTION for Extension of Time to File Response/Reply as to 1 Complaint filed by DANIEL P CHERRY, III.( Miscellaneous Deadline for clerk to monitor results of settlement conference and set a (20) day deadline, should these proceedings not result in a settlement, to respond to the complaint- by 2/1/2008.). Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 1/14/08. (llt) (Entered: 01/14/2008)

137 

NOTICE of withdrawal of request for settlement conference by J SCOTT THAYER, DANIEL P CHERRY, III re 132 MOTION for Settlement referral to Magistrate for Settlement Conference (BELITZKY, JOE) (Entered: 01/28/2008)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ALLAN KORNBLUM notified that action is needed Re: 137 Notice of withdrawal of request for settlement conference by J SCOTT THAYER, DANIEL P CHERRY, III re 132 MOTION for Settlement referral to Magistrate for 1/31/08 Settlement Conference. (llt) (Entered: 01/30/2008)

138 

ORDER ADOPTING 128 REPORT AND RECOMMENDATION granting in part and denying in part 77 Motion for Summary Judgment filed by J SCOTT THAYER, FRANK JOHANSON, as discussed in said order. This matter is remanded to the Magistrate Judge for further proceedings. Signed by SENIOR JUDGE MAURICE M PAUL on 1/30/08. (llt) (Entered: 01/30/2008)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ALLAN KORNBLUM notified that action is needed Re: 138 Order Adopting Report and Recommendation, and granting in part and denying in part 77 Motion for Summary Judgment filed by J SCOTT THAYER, FRANK JOHANSON, as discussed in said order. This matter is remanded to the Magistrate Judge for further proceedings. Signed by SENIOR JUDGE MAURICE M PAUL. (llt) (Entered: 01/30/2008)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ALLAN KORNBLUM notified that action is needed Re: 136 ORDER granting 135 MOTION for Extension of Time to File Response/Reply as to 1 Complaint filed by DANIEL P CHERRY, III.( Miscellaneous Deadline for clerk to monitor results of settlement conference and set a (20) day deadline, should these procee dings not result in a settlement, to respond to the complaint- by 2/1/2008 - none filed. (bkp) (Entered: 02/14/2008)

139 

MOTION for Summary Judgment by DANIEL P CHERRY, III. (Internal deadline for referral to judge if response not filed earlier: 3/7/2008). (Attachments: # 1 Exhibit) (BELITZKY, JOE) (Entered: 02/18/2008)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ALLAN KORNBLUM notified that action is needed Re: 139 MOTION for Summary Judgment. Motions referred to ALLAN KORNBLUM. (llt) (Entered: 02/27/2008)

140 

ORDER granting 109 MOTION to Appoint Counsel filed by GERALD GILL, JR, and STAYING CASE until counsel responds to Notice to the bar posted on the Court's website seeking pro bono representation for Plaintiff. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 2/29/08. (llt) (Entered: 02/29/2008)

Set/Reset Deadline - Miscellaneous Deadline for clerk to monitor case for Notice of Appearance by counsel, reference 140 order - by 3/29/2008. (llt) (Entered: 02/29/2008)