Flynn v. United States of America

Federal Civil Lawsuit Florida Middle District Court, Case No. 8:23-cv-00485-MSS-CPT
District Judge Mary S. Scriven, presiding
Tags
District Judge Mary S. Scriven
Last Updated December 20, 2024 at 11:01 AM EST (1.9 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

No one has written a summary of this case yet. Sign up or sign in to contribute one.

Parties
No Logo Michael T. Flynn, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Matt M. Dummermuth +1 319 540 2279 matt@binnall.com

Represented by Binnall, Jesse R.

Name Phone Fax E-Mail
Space Shawn Flynn +1 703 888 1943 shawn@binnall.com
Space Jason Caldwell Greaves +1 703 888 1943 +1 703 888 1930 jason@binnall.com
Space Jared Joseph Roberts +1 585 297 0202 jared@binnall.com
v.
United States of America United States of America, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Kristin Brianne McGrory +1 202 307 6299 +1 202 514 8624 Kristin.B.McGrory@usdoj.gov
Attributes
Office Tampa
Filed 3/3/2023
Jury Demand None
Demand $9999000
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1346 Tort Claim
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Lack of Jurisdiction
County Sarasota
Terminated 9/16/2024
Origin 1
Reopened
Lead Case
Related Case
Other Court Case None
Defendant Custody Status
Flags ADMCLOSED,STAYED
Timeline
  Entries (48) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Legal Document (Payment Possibly Required) 48 Filed: 12/20/2024, Entered: None Extension of Time to Amend
Request RequestSpace LREF
Legal Document 47 Filed: 12/10/2024, Entered: 12/10/2024 Order on Motion to Dismiss / Lack of JurisdictionCourt Filing
ORDER GRANTING [38] Defendant United States of America's Motion to Dismiss. Plaintiff's Amended Complaint, (Dkt. 34), is DISMISSED WITHOUT PREJUDICE. Plaintiff may filed an amended complaint that seeks to resolve the deficiencies identified in this Order to the extent that such amended pleading would not run afoul of Fed. R. Civ. P. 11. Any such amended complaint shall be filed on or before January 6, 2025. The Clerk is directed to LIFT THE STAY and REOPEN this case. Signed by Judge Mary S. Scriven on 12/10/2024. (AC)
LREF
Blank 46 Filed: 9/16/2024, Entered: 9/16/2024 Order on Motion to Dismiss / Lack of JurisdictionCourt Filing
ENDORSED ORDER TAKING UNDER ADVISEMENT [38] Defendant's Motion to Dismiss. The Clerk is directed to STAY and ADMINISTRATIVELY CLOSE this case pending the Court's resolution of the Defendant's Motion to Dismiss. Signed by Judge Mary S. Scriven on 9/16/2024. (AC)
LREF
Blank 45 Filed: 2/14/2024, Entered: 2/14/2024 Order on Motion to withdraw as attorneyCourt Filing
ENDORSED ORDER granting Defendant's [44] Unopposed Motion for Withdrawal of Herman J. Hoying as Counsel for Defendant United States of America. The Clerk of Court is directed to terminate Mr. Hoying as Defendant's counsel of record. Signed by Magistrate Judge Christopher P. Tuite on 2/14/2024. (MEL)
LREF
Legal Document 44 Filed: 2/13/2024, Entered: 2/13/2024, Terminated: 2/14/2024 Motion to withdraw as attorneyCourt Filing
Unopposed MOTION for Herman J. Hoying to Withdraw as Attorney by United States of America. (Hoying, Herman) Motions referred to Magistrate Judge Christopher P. Tuite. Modified text on 2/14/2024 (GL).
LREF
Legal Document 43 Filed: 11/13/2023, Entered: 11/13/2023 Reply to Response to motion
REPLY in Support of [38] MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by United States of America. (McGrory, Kristin) Modified on 11/14/2023 to edit docket text (AJS).
LREF
Blank 42 Filed: 10/31/2023, Entered: 10/31/2023 order on motion for miscellaneous reliefCourt Filing
ENDORSED ORDER GRANTING [40] Defendant United States of America's Motion for Leave to File a Reply in Support of its Motion to Dismiss the Amended Complaint. Defendant United States of America shall have up to and including November 13, 2023, to file a reply not to exceed seven (7) pages. Signed by Judge Mary S. Scriven on 10/31/2023. (KDS)
LREF
Legal Document 41 Filed: 10/30/2023, Entered: 10/30/2023 Memorandum in opposition
MEMORANDUM in opposition re [40] Motion for Miscellaneous Relief filed by Michael T. Flynn. (Greaves, Jason)
LREF
Legal Document 40 Filed: 10/26/2023, Entered: 10/26/2023, Terminated: 10/31/2023 Motion for Miscellaneous Relief
MOTION for Miscellaneous Relief, specifically Leave to file Reply in Support of Motion to Dismiss Amended Complaint by United States of America. (McGrory, Kristin)
LREF
Legal Document 39 Filed: 10/20/2023, Entered: 10/20/2023 response in opposition to motion
RESPONSE in Opposition re [38] MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Michael T. Flynn. (Greaves, Jason)
LREF
Legal Document 38 Filed: 9/15/2023, Entered: 9/15/2023, Terminated: 12/10/2024 Motion to Dismiss/Lack of Jurisdiction
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by United States of America. (McGrory, Kristin)
LREF
Blank 37 Filed: 8/11/2023, Entered: 8/11/2023 order on motion for extension of time to fileCourt Filing
ENDORSED ORDER GRANTING [36] the Parties' Joint Motion to Extend Filing Deadlines and to Exceed Page Limitations. Defendant shall have up to and including September 15, 2023 to file an answer or other response to the amended complaint. If Defendant files a motion to dismiss, it shall not exceed fifty (50) pages in length, exclusive of captions, tables of contents or authorities, certifications or certificates, and exhibits. Plaintiff shall have up to and including October 20, 2023 to file a response to Defendant's answer or motion to dismiss. Plaintiff's response to any motion to dismiss shall not exceed forty-five (45) pages in length, exclusive of captions, tables of contents or authorities, certifications or certificates, and exhibits. Signed by Judge Mary S. Scriven on 8/11/2023. (KDS)
LREF
Legal Document 36 Filed: 8/7/2023, Entered: 8/7/2023, Terminated: 8/11/2023 Motion for Extension of Time to File
Joint MOTION for Extension of Time to File United States' Motion to Dismiss and Plaintiff's Response , Joint MOTION to File Excess Pages by United States of America. (McGrory, Kristin)
LREF
Blank 35 Filed: 7/31/2023, Entered: 7/31/2023 Order on Motion to Dismiss / Lack of JurisdictionCourt Filing
ENDORSED ORDER DENYING AS MOOT [29] Defendant United States of America's Motion to Dismiss for Lack of Subject Matter Jurisdiction. In light of Plaintiff's having filed an Amended Complaint as a matter of course, the Motion to Dismiss is MOOT. Defendant shall be free to reassert any challenges raised therein to the extent that the arguments remain viable against the Amended Complaint. Signed by Judge Mary S. Scriven on 7/31/2023. (APF)
LREF
Legal Document 34 Filed: 7/28/2023, Entered: 7/28/2023 Amended Complaint
AMENDED COMPLAINT against United States of America filed by Michael T. Flynn. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Greaves, Jason)
LREF
Blank 33 Filed: 7/24/2023, Entered: 7/24/2023 Order on motion to stay discoveryCourt Filing
ENDORSED ORDER GRANTING [30] Defendant United States of America's Motion to Stay Discovery and Case Management Report Pending Resolution of the United States' Motion to Dismiss; DENYING [32] Plaintiff's Request for Oral Argument on Defendant's Motion to Stay Discovery. Given the jurisdictional and potentially case-dispositive nature of the Motion to Dismiss and the immunity issues raised, the Court finds good cause to stay all deadlines, including the obligation to prepare a case management report, pending resolution of the Motion, or any motion to dismiss directed to an amended pleading. This stay DOES NOT preclude Plaintiff from filing an amended complaint or preclude Defendant from responding to it. It also does NOT STAY Plaintiff's deadline to respond to the current Motion or any future motion to dismiss directed to an amended pleading. Signed by Judge Mary S. Scriven on 7/24/2023. (APF)
LREF
Legal Document 32 Filed: 7/21/2023, Entered: 7/21/2023, Terminated: 7/24/2023 Request for oral argument
REQUEST for oral argument re [30] MOTION to Stay Discovery and Case Management Report Pending Resolution of the United States' Motion to Dismiss, [31] Response in Opposition to Motion by Michael T. Flynn. (Greaves, Jason)
LREF
Legal Document 31 Filed: 7/21/2023, Entered: 7/21/2023 response in opposition to motion
RESPONSE in Opposition re [30] MOTION to Stay Discovery and Case Management Report Pending Resolution of the United States' Motion to Dismiss filed by Michael T. Flynn. (Attachments: # (1) Exhibit A)(Greaves, Jason)
LREF
Legal Document 30 Filed: 7/7/2023, Entered: 7/7/2023, Terminated: 7/24/2023 Motion to stay discoveryCourt Filing
MOTION to Stay Discovery and Case Management Report Pending Resolution of the United States' Motion to Dismiss by United States of America. (Hoying, Herman) Motions referred to Magistrate Judge Christopher P. Tuite.
LREF
Legal Document 29 Filed: 7/7/2023, Entered: 7/7/2023, Terminated: 7/31/2023 Motion to Dismiss/Lack of Jurisdiction
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by United States of America. (McGrory, Kristin)
LREF
Blank 28 Filed: 6/27/2023, Entered: 6/27/2023 Order on motion to file excess pagesCourt Filing
ENDORSED ORDER GRANTING [27] the Parties' Joint Motion to Exceed Page Limitations and for an Extension of Time for Plaintiff to Respond to the United States' Motion to Dismiss. Defendant shall be permitted to file a motion to dismiss that does not exceed 45 pages in length. Plaintiff shall be permitted to file a response on or before August 11, 2023 that does not exceed 40 pages in length. Signed by Judge Mary S. Scriven on 6/27/2023. (APF)
LREF
Legal Document 27 Filed: 6/23/2023, Entered: 6/23/2023, Terminated: 6/27/2023 Motion to File Excess Pages
Joint MOTION to File Excess Pages for motion to dismiss and response, Joint MOTION for Extension of Time to File Response/Reply Plaintiff's response to motion to dismiss by United States of America. (McGrory, Kristin)
LREF
Legal Document 26 Filed: 6/12/2023, Entered: 6/12/2023 Order on Motion to Change Venue / Transfer CaseCourt Filing
ORDER DENYING [16] the United States of America's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a); DENYING AS MOOT [25] Plaintiff's request for oral argument on the Motion. Signed by Judge Mary S. Scriven on 6/12/2023. (APF)
LREF
Legal Document 25 Filed: 5/30/2023, Entered: 5/30/2023, Terminated: 6/12/2023 Request for oral argument
REQUEST for oral argument re [24] Response in Opposition to Motion, [16] MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. § 1404(a) and Supporting Memorandum by Michael T. Flynn. (Greaves, Jason)
LREF
Legal Document 24 Filed: 5/30/2023, Entered: 5/30/2023 response in opposition to motion
RESPONSE in Opposition re [16] MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. § 1404(a) and Supporting Memorandum filed by Michael T. Flynn. (Greaves, Jason)
LREF
Blank 23 Filed: 5/8/2023, Entered: 5/8/2023 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
ENDORSED ORDER GRANTING IN PART AS STATED HEREIN [22] Plaintiff's Unopposed Motion for Extension of Time to File His Response to Defendant's Motion to Transfer Venue. Plaintiff shall have up to and including May 30, 2023 to respond to Defendant's Motion. Signed by Judge Mary S. Scriven on 5/8/2023. (APF)
LREF
Legal Document 22 Filed: 5/5/2023, Entered: 5/5/2023, Terminated: 5/8/2023 Motion for Extension of Time to File Response/Reply
Unopposed MOTION for Extension of Time to File Response/Reply as to [16] MOTION to Change Venue / Transfer Case Defendant United States of America's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) and Supporting Memorandum by Michael T. Flynn. (Greaves, Jason)
LREF
Blank 21 Filed: 5/3/2023, Entered: 5/3/2023 Order on Motion to appear pro hac viceCourt Filing
ENDORSED ORDER granting Plaintiff's [19] Unopposed Motion for Special Admission of Matt M. Dummermuth. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 5/3/2023. (WFM)
LREF
Blank 20 Filed: 5/3/2023, Entered: 5/3/2023 Order on Motion to appear pro hac viceCourt Filing
ENDORSED ORDER granting Plaintiff's [18] Unopposed Motion for Special Admission of Jason C. Greaves, Esquire. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 5/3/2023. (WFM)
LREF
Legal Document 19 Filed: 5/2/2023, Entered: 5/2/2023, Terminated: 5/3/2023 Motion to AppearCourt Filing
MOTION for Matt M. Dummermuth to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20790267 for $150 by Michael T. Flynn. (Greaves, Jason) Motions referred to Magistrate Judge Christopher P. Tuite.
LREF
Legal Document 18 Filed: 5/2/2023, Entered: 5/2/2023, Terminated: 5/3/2023 Motion to AppearCourt Filing
MOTION for Jason C. Greaves to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20790160 for $150 by Michael T. Flynn. (Greaves, Jason) Motions referred to Magistrate Judge Christopher P. Tuite.
LREF
Blank 17 Filed: 5/2/2023, Entered: 5/2/2023 Order on Motion for extension of time to answerCourt Filing
ENDORSED ORDER GRANTING [15] Defendant United States of America's Unopposed Motion to Extend Time to Respond to Complaint and File a Case Management Report. Defendant shall have up to and including July 7, 2023 to answer or otherwise respond to the Complaint, and the Parties shall have up to and including July 17, 2023 to file their Case Management Report. Signed by Judge Mary S. Scriven on 5/2/2023. (APF)
LREF
Legal Document 16 Filed: 5/1/2023, Entered: 5/1/2023, Terminated: 6/12/2023 Motion to Change Venue/Transfer Case
MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. § 1404(a) and Supporting Memorandum by United States of America. (Hoying, Herman) Modified to remove duplicate text on 5/22/2023 (LSS).
LREF
Legal Document 15 Filed: 5/1/2023, Entered: 5/1/2023, Terminated: 5/2/2023 Motion for Extension of Time to File Answer / Respond to Complaint
Unopposed MOTION for Extension of Time to File Answer and case management report by United States of America. (McGrory, Kristin)
LREF
Legal Document 14 Filed: 3/15/2023, Entered: 3/15/2023 summons returned executed
RETURN of service executed on 03/08/2023 by Michael T. Flynn as to United States of America. (Roberts, Jared)
LREF
Legal Document 13 Filed: 3/15/2023, Entered: 3/15/2023 summons returned executed
PROOF OF SERVICE as to U.S. Attorney General by Michael T. Flynn. (Roberts, Jared) Modified on 3/16/2023 to correct event code text. (LD).
LREF
Legal Document 12 Filed: 3/14/2023, Entered: 3/14/2023 Proof Of Service-
***TERMINATED-INCORRECT EVENT. COUNSEL TO REFILE AS "SUMMONS RETURNED EXECUTED"***PROOF of service by Michael T. Flynn (Roberts, Jared) Modified on 3/15/2023 (LSS).
LREF
Legal Document 11 Filed: 3/14/2023, Entered: 3/14/2023 Proof Of Service-
***TERMINATED-INCORRECT EVENT. COUNSEL TO REFILE AS "SUMMONS RETURNED EXECUTED"***PROOF of service by Michael T. Flynn (Roberts, Jared) Modified on 3/15/2023 (LSS).
LREF
Legal Document 10 Filed: 3/8/2023, Entered: 3/8/2023 Certificate of interested persons and corporate disclosure statement
CERTIFICATE of interested persons and corporate disclosure statement by Michael T. Flynn. (Roberts, Jared)
LREF
Legal Document 9 Filed: 3/8/2023, Entered: 3/8/2023 Notice of a Related Action
NOTICE of a related action per Local Rule 1.07(c) by Michael T. Flynn. Related case(s): No (Roberts, Jared)
LREF
Legal Document 8 Filed: 3/8/2023, Entered: 3/8/2023 Notice of Lead Counsel Designation
NOTICE of Lead Counsel Designation by Jared Joseph Roberts on behalf of Michael T. Flynn. Lead Counsel: Jared J. Roberts. (Roberts, Jared)
LREF
Blank 7 Filed: 3/6/2023, Entered: 3/6/2023 Notice to counsel of Local Rule
NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LSS)
LREF
Legal Document 6 Filed: 3/6/2023, Entered: 3/6/2023 Summons Issued as to USA
SUMMONS issued as to United States of America, U.S. Attorney (LSS)
LREF
Blank 5 Filed: 3/6/2023, Entered: 3/6/2023 Notice to counsel of Local RuleCourt Filing
NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (KAC)
LREF
Legal Document 4 Filed: 3/3/2023, Entered: 3/3/2023 Notice of Appearance
NOTICE of Appearance by Shawn Flynn on behalf of Michael T. Flynn (Flynn, Shawn)
LREF
Blank 3 Filed: 3/3/2023, Entered: 3/3/2023 Case Assigned/ReassignedCourt Filing
NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-0485-MSS-CPT. (SJB)
LREF
Legal Document 2 Filed: 3/3/2023, Entered: 3/3/2023 Notice of Appearance
NOTICE of Appearance by Jared Joseph Roberts on behalf of Michael T. Flynn (Roberts, Jared)
LREF
Legal Document 1 Filed: 3/3/2023, Entered: 3/3/2023 Complaint
COMPLAINT against United States of America (Filing fee $402 receipt number AFLMDC-20572671) filed by Michael T. Flynn. (Attachments: # (1) Civil Cover Sheet, # (2) Proposed Summons USAO, # (3) Proposed Summons USA, # (4) Exhibit A, # (5) Exhibit B, # (6) Exhibit C, # (7) Exhibit D, # (8) Exhibit E)(Roberts, Jared)
LREF

Statistics

This case has been viewed 4 times.

Space
Issues Laws Cases Pro Articles Firms Entities
Issues Laws Cases Pro Articles Firms Entities
 
PlainSite
Sign Up
Need Password Help?