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Dean Ringers
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Order | Filed: April 23, 2024 | Entered: April 23, 2024 Dimanche v. Jackson et al
Civil Rights: Other | Florida Middle
Order on Motion for Sanctions
ENDORSED ORDER denying Plaintiff's 124 Motion for Sanctions; 167 Motion for Sanctions; 176 Motion for Sanctions. Plaintiff's motions do not indicate compliance with the requirements of Federal Rule of Civil Procedure 11(c)(2), which requires that any motion for sanctions pursuant to Rule 11(b) must be served under Rule 5 and not presented to the court or filed "if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets." Plaintiff is further cautioned that Rule 11(c)(2) permits the court to "award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion." Signed by Judge Julie S. Sneed on April 23, 2024. (DAD)
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Order | Filed: April 23, 2024 | Entered: April 23, 2024 Dimanche v. Jackson et al
Civil Rights: Other | Florida Middle
Order on Motion for Miscellaneous Relief
ENDORSED ORDER denying Plaintiff's 145 Request for Judicial Notice And Adjudication of Facts. Plaintiff's motion fails to comply with Local Rule 3.01(a) and otherwise does not present facts for which judicial notice is appropriate. "[T]he taking of judicial notice of facts is, as a matter of evidence law, a highly limited process. The reason for this caution is that the taking of judicial notice bypasses the safeguards which are involved with the usual process of proving facts by competent evidence in district court." Shahar v. Bowers, 120 F.3d 211, 214 (11th Cir. 1997) (noting as examples of facts susceptible to judicial notice: "(1) scientific facts: for instance, when does the sun rise or set; (2) matters of geography: for instance, what are the boundaries of a state; or (3) matters of political history: for instance, who was president in 1958"). Signed by Judge Julie S. Sneed on April 23, 2024. (DAD)
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Order | Filed: April 23, 2024 | Entered: April 23, 2024 Dimanche v. Jackson et al
Civil Rights: Other | Florida Middle
Order on Motion to Strike
ENDORSED ORDER denying 174 Plaintiff's Motion to Strike and denying 178 Plaintiff's Motion to Strike. Plaintiff's motions do not establish any basis to strike Defendants' responses and instead appear to be replies to those responses that Plaintiff filed without first seeking leave of court. See M.D. Fla. Loc. R. 3.01(d). Signed by Judge Julie S. Sneed on April 23, 2024. (DAD)
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