Case details

Court: flnd
Docket #: 5:06-cv-00191
Case Name: JONES et al v. MUBAREK et al
PACER case #: 44111
Date filed: 2006-09-21
Date terminated: 2007-04-30
Assigned to: JUDGE RICHARD SMOAK
Referred to: MAGISTRATE JUDGE MILES DAVIS
Case Cause: 28:1332 Diversity-Medical Malpractice
Nature of Suit: 360 P.I.: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
KENNETH A JONES
Plaintiff
DEALVA JONES
Plaintiff
ARTHUR MORRISON
Petitioner
CLIFFORD CARLTON HIGBY
BRYANT & HIGBY CHRTD - PANAMA CITY FL 833 HARRISON AVE [32401] PO BOX 860 PANAMA CITY, FL 32402-0860 850/763-1787 Fax: 785-1533 Email: chigby@bryanthigby.com
ATTORNEY TO BE NOTICED

HASHEM A MUBAREK
Defendant
MD
RICHARD B COLLINS
KUBICKI DRAPER PA - TALLAHASSEE FL 1276 MEROPOLITAN BLVD STE 304 TALLAHASSEE, FL 32312 850-222-5188 Fax: 850-222-5108 Email: rbc@kubickidraper.com

MAHER AYOUBI
Defendant
MD
RICHARD B COLLINS
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-01-04 20 0 ORDER Attorney Arthur Morrison has failed to comply with the Orders of November 16, 2006 11 , and December 7, 2006 16 .IT IS ORDERED:
2007-01-04 21 0 DOCKET ANNOTATION BY COURT: Copy of 20 mailed to:KENNETH AND DEALVA JONES (Address taken from original complaint 1 )234 W 39th StFL 6NEW YORK, NEW YORK 10018-4623 Certified Mail Tracking #70031680000692679662ANDArthur MorrisonMorrison Law Offices of Westchester, P.C.11 Skyline DrHawthorne, NY 10532 (jcw) (Entered: 01/04/2007)
2007-01-17 22 0 Mail Returned as Undeliverable. Re: 20 ORDER (jcw) (Entered: 01/17/2007)
2007-02-01 23 0 ORDER STAYING CASEIT IS ORDERED that this action shall be stayed until February 28, 2007. Not later than February 28, 2007, plaintiffs shall cause their new counsel to file a notice of appearance or plaintiffs shall file notice that they intend to proceed pro se. Signed by Judge RICHARD SMOAK on 2/1/2007Deadline for clerk to check status of stay by 2/28/2007 (jcw) (Entered: 02/01/2007)
2007-02-01 24 0 DOCKET ANNOTATION BY COURT: Copies of 20 Order Staying Case and 23 Order Staying Case mailed to:KENNETH AND DEALVA JONES2300 SITLER STMEMPHIS, TN 38114-48011445 E MASONIC DRFAYETTEVILLE, AR 72703-51471507 STONEHENGE PLLITTLE ROCK, AR 72212-3880P.O. BOX 983NEW YORK, NY 10018917 MOUNTAIN LAUREL RDMORRISTOWN, TN 37814-1406851 BOULEVARD E APT A-2WEEHAWKEN, NJ 07086-9021 (jcw) (Entered: 02/01/2007)
2007-02-14 25 0 Mail Returned as Undeliverable. Mail sent to Kenneth and Dealva Jones at PO Box 983 New York, NY 10018 Re: 20 ORDER. Reason for Return: Not Deliverable as Addressed - Unable to Forward (kmb) (Entered: 02/14/2007)
2007-02-14 26 0 Mail Returned as Undeliverable. Mail sent to Kenneth and Dealva Jones at 917 Mountain Laurel Rd, Morristown, TN 37814-1406 Re: 20 ORDER. Reason for Return: Attempted Not Known - Unable to Forward (kmb) (Entered: 02/14/2007)
2007-03-02 27 0 ORDER TO SHOW CAUSE:Show Cause Response due by 3/23/2007. Signed by Judge RICHARD SMOAK on 3/2/2007. (kmb) (Entered: 03/02/2007) 2012-11-08 17:15:23 7b49da422c37801b6ebada0dd386913c48dc402f
2007-03-02 28 0 FAX MESSAGE CONFIRMATION REPORT re: 27 Order to Show Cause Order #27 was faxed to Arthur Morrison at 914-592-3482. (kmb) (Entered: 03/02/2007)
2007-03-02 29 0 DOCKET ANNOTATION BY COURT: Re 27 Order to Show CauseOrder mailed via certified mail return receipt to:Arthur MorrisonMorrison Law Offices of Westchester, P.C.11 Skyline DrHawthorne, NY 10532(Certified Mail Tracking ID: 7003 1680 0006 9267 9983) (kmb) (Entered: 03/02/2007)
2007-03-08 30 0 ACKNOWLEDGMENT OF SERVICE Executed as to Arthur Morrison re: 27 Order to Show Cause (kmb) (Entered: 03/08/2007)
2007-03-27 31 0 ORDER TO SHOW CAUSEArthur Morrison is ordered to show cause not later than April 9, 2007, why he should not be held in contempt for his failure to comply with the Court's Order dated November 16, 2006 11 , December 7, 2006 16 , and March 2, 2007 27 , and shall further show cause why his failure to comply with the Court's Orders should not be reported to the Appellate Division of the Supreme Court in New York and the New York State Bar Association. Signed by Judge RICHARD SMOAK on 3/27/2007Show Cause Response due by 4/9/2007 (jcw) (Entered: 03/27/2007) 2012-11-08 17:12:14 91f027b087f327fb59197b22d34aca5dec202537
2007-04-10 32 0 First MOTION to Dismiss by HASHEM A MUBAREK, MAHER AYOUBI. (Internal deadline for referral to judge if response not filed earlier: 4/30/2007) (COLLINS, RICHARD) (Entered: 04/10/2007)
2007-04-10 33 0 ORDER I find that Arthur Morrison is in civil contempt for failure to comply with the Order dated November 16, 2006 11 , the Order dated December 7, 2006 16 , and the Order dated March 2, 2007 27 . The clerk of the court is directed to report Arthur Morrison's failure to comply with the court's Orders, and shall provide a copy of this Order to the Appellate Division of the Supreme Court in New York and the New York State Bar Association. Signed by Judge RICHARD SMOAK on 4/10/2007 (jcw) (Entered: 04/10/2007) 2012-11-08 17:06:47 80bb11a034c21c8d3f7b4c82eac9e7fcf81bc249
2007-04-11 34 0 Letter transmitting 33 Order of Civil Contempt to New York State Bar Association and the Appellate Division of the Supreme Court of New York (jcw) (Entered: 04/11/2007) 2012-11-08 17:06:02 326734e028dbbfdf4c248e0e3580f25880c475a7
2007-04-30 35 0 ORDER granting 32 Motion to Dismiss IT IS ORDERED that this case is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for lack of prosecution and for failure to comply with the conditions precedent required by Section 766.203, Florida Statutes.The clerk is directed to close the file. Signed by Judge RICHARD SMOAK on 4/30/2007 (jcw) (Entered: 04/30/2007)
2007-04-30 36 0 CLERK'S JUDGMENT This case is dismissed without prejudice. (jcw) (Entered: 04/30/2007)
2007-05-01 37 0 RESPONSE from Attorney Arthur Morrison re: 33 Order (kmb) (Entered: 05/01/2007) 2012-11-08 17:21:44 12ca1827d413e09fe6872a352f4874cc6d4e00fe
2007-05-17 38 0 RESPONSE re 33 ORDER granting 32 Motion to Dismiss (jcw) (Entered: 05/17/2007)
2007-06-11 40 0 ORDER from the the Southern District of New YorkSigned by Judge Thomas Griesa on 6/08/2007.(Order posted at the direction of RS Chambers (kmb) (Entered: 06/12/2007)
2008-03-18 41 0 MOTION to Set Aside 33 Order,, of Civil Contempt by Arthur Morrison. (Attachments: # 1 Affidavit of Arthur Morrison, Esq., # 2 Affidavit of Kenneth Jones, # 3 Affidavit of Richard Paul Stone, Esq., # 4 Exhibit "A", # 5 Exhibit "B", # 6 Exhibit "C", # 7 Exhibit "D", # 8 Exhibit "E", # 9 Exhibit "F", # 10 Exhibit "G", # 11 Exhibit "H") (HIGBY, CLIFFORD) (Entered: 03/18/2008)
41 2 Affidavit of Arthur Morrison, Esq.
41 3 Affidavit of Kenneth Jones
41 4 Affidavit of Richard Paul Stone, Esq.
41 5 Exhibit "A"
41 6 Exhibit "B"
41 7 Exhibit "C"
41 8 Exhibit "D"
41 9 Exhibit "E"
41 10 Exhibit "F"
41 11 Exhibit "G"
41 12 Exhibit "H"
2008-03-18 42 0 MOTION to Set Aside 33 Order,, of Civil Contempt by Arthur Morrison. (Attachments: # 1 Affidavit of Arthur Morrison, Esq., # 2 Affidavit of Kenneth Jones, # 3 Affidavit of Richard Paul Stone, Esq., # 4 Exhibit "A", # 5 Exhibit "B", # 6 Exhibit "C", # 7 Exhibit "D", # 8 Exhibit "E", # 9 Exhibit "F", # 10 Exhibit "G", # 11 Exhibit "H") (HIGBY, CLIFFORD) (Entered: 03/18/2008)
2008-03-28 43 0 NOTICE of Hearing:Evidentiary Hearing set for 4/30/2008 09:45 AM before JUDGE RICHARD SMOAK. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Kristin CowdellCourtroom Deputy Clerk (kgc) (Entered: 03/28/2008)
2008-04-02 44 0 MOTION to Continue and Change Date of Evidentiary Hearing by Arthur Morrison. (HIGBY, CLIFFORD) (Entered: 04/02/2008)
2008-04-02 45 0 ORDER granting 44 Motion to Continue. The evidentiary hearing scheduled for April 30, 2008, is continued and is rescheduled for May 27, 2008, at 1:00 p.m., CDT. Signed by JUDGE RICHARD SMOAK on 4/2/2008. (jcw) (Entered: 04/02/2008)
2008-05-27 46 0 Minute Entry for proceedings held before JUDGE RICHARD SMOAK:Evidentiary Hearing held on 5/27/2008.Plaintiffs are to file a response within 2 weeks. (Court Reporter Lisa Jones) (kgc) (Entered: 05/28/2008)
2008-05-30 47 0 RECORD OF PROCEEDINGS and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: 46 Evidentiary Hearing held on May 27, 2008 before Judge Richard Smoak by Court Reporter Lisa Girod Jones A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice. Notice of Intent to Request Redaction due by 6/6/2008. Transcript to be unsealed by 9/2/2008 if no redaction request filed. (lj) (Entered: 05/30/2008)
2008-06-10 48 0 RESPONSE re 46 Evidentiary Hearing Supplemental Memorandum. (Attachments: # 1 Exhibit Affidavit of Richard Paul Stone, Esq., # 2 Exhibit Letter of Michael G. Leventhal, # 3 Exhibit Affidavit of Craig Martin) (HIGBY, CLIFFORD) (Entered: 06/10/2008)
2008-07-22 49 0 ORDER denying Motion to Lift the Order of Contempt 41 & 42 . Signed by JUDGE RICHARD SMOAK on 7/22/08. (sea) (Entered: 07/22/2008) 2012-11-08 17:39:50 26ef11a9e1463b3c5e070a04861bbda619e68274
2008-07-23 50 0 Letter transmitting 49 Order denying Motion to Lift the Order of Contempt 41 42 to New York State Bar Association and the Appellate Division of the Supreme Court of New York (sea). (Entered: 07/23/2008) 2012-11-08 17:53:49 5fe0ff3d195ecd42e999315e227a2901e7ef985d
2008-07-23 51 0 DOCKET ANNOTATION BY COURT: Re 50 Letter, 49 Order denying Motion to Lift the Order of Contempt 41 42 Cause sent Certified Mail Tracking #700725600000301028874 to: Arthur Morrison, Morrison Law Offices of Westchester, P.C.11 Skyline Dr, Hawthorne, NY 10532 (sea) (Entered: 07/23/2008)
2008-08-13 52 0 NOTICE OF APPEAL as to 49 Order on Motion to Set Aside, by Arthur Morrison. ( (Filing fee $ 455.) Transcript Order Form due by 9/12/2008. (jcw) (Entered: 08/14/2008)
2008-08-14 53 0 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 52 Notice of Appeal (jcw) (Entered: 08/14/2008)
2008-08-20 54 0 USCA Case Number 08-14623EE for 52 NOTICE OF APPEAL (sea) (Entered: 08/20/2008)
2008-08-20 55 0 USCA PROCEDURAL LETTER re: 52 NOTICE OF APPEAL (sea) (Entered: 08/20/2008)
2008-09-04 56 0 DESIGNATION of Record on Appeal by Arthur Morrison re 52 Notice of Appeal (Attachments: # 1 Civil Minutes - General) (HIGBY, CLIFFORD) (Entered: 09/04/2008)
2008-09-05 57 0 TRANSCRIPT REQUEST by Arthur Morrison for proceedings held on May 27, 2008 before Judge Richard Smoak, Court Reporter:Lisa Girod Jones (HIGBY, CLIFFORD) (Entered: 09/05/2008)
2008-10-14 58 0 MANDATE of USCA as to 52 Notice of Appeal; Appeal is DISMISSED; USCA Appeal #08-14623-EE. (sea) (Entered: 10/14/2008)
2008-10-31 59 0 ORDER of USCA reinstating 52 Notice of Appeal filed by Arthur Morrison; USCA Appeal # 08-14623-EE. (sea) (Entered: 11/05/2008)
2008-12-02 60 0 REQUEST for Record on Appeal re: USCA #08-14623-EE. (sea) (Entered: 12/02/2008)
2008-12-03 61 0 Certified and Transmitted Record on Appeal to US Court of Appeals re 52 Notice of Appeal;1 volume of pleadings; USCA Appeal #08-14623-EE. (sea) (Entered: 12/03/2008)
2008-12-05 62 0 CERTIFICATE OF READINESS re 52 Notice of Appeal - Number of Pleadings/Volumes: 1; USCA Appeal #08-14623-EE. (sea) (Additional attachment(s) added on 12/5/2008: # 1 Main Document) (sea). (Entered: 12/05/2008)
2008-12-08 63 0 USCA Acknowledgment 61 Appeal Record Sent to USCA; USCA Appeal # 08-14623-EE (sea) (Entered: 12/09/2008)
2008-12-08 64 0 USCA Acknowledgment 62 Certificate of Readiness; USCA Appeal # 08-14623-EE (sea) (Entered: 12/09/2008)
2009-02-11 65 0 MANDATE of USCA as to 52 Notice of Appeal filed by ARTHUR MORRISON; Appeal is dismissed for lack of jurisdiction; USCA Appeal #08-14623-EE. (sea) (Entered: 02/11/2009) 2012-11-08 18:00:46 06e97aa5607ddb8d4e1efa60f5b5de7267fa44ca
2009-02-11 66 0 Appeal Record Returned: 1 Volume - 61 Appeal Record Sent to USCA; USCA Appeal #08-14623-EE. (sea) (Entered: 02/11/2009)
2009-05-24 67 0 NOTICE TO COUNSEL re: Return of Exhibit - 65 USCA Mandate. (sea) (Entered: 05/24/2009) 2012-11-08 18:06:24 324de65319caa445da6212dd1eb03675e8e858bd