Burke v. Hillsborough County School Board

Filing 3

ORDER: Plaintiff shall review and comply with the provisions of this Order, as well as the Federal Rules of Civil Procedure, the Local Rules of the Middle District of Florida, and any applicable statutes and regulations. Signed by Judge Virginia M. Hernandez Covington on 5/2/2017. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CHAD BURKE,
Plaintiff,
v.

Case No. 8:17-cv-993-T-33JSS

HILLSBOROUGH COUNTY SCHOOL
BOARD,
Defendant.
______________________________/
ORDER
This cause is before the Court sua sponte. A review of
the file indicates that Plaintiff is proceeding pro se.
Because Plaintiff is proceeding pro se, the Court takes the
opportunity to inform Plaintiff of some of the procedural
rules with which Plaintiff must comply. The Court does so
because pro se litigants are subject to the same law and rules
as litigants who are represented by counsel, including the
Federal Rules of Civil Procedure and the Local Rules. Moon v.
Newsome, 863 F.2d 835, 837 (11th Cir. 1989). While the Court
will

set

forth

some

of

the

more

prominent

procedural

obligations and requirements, this Order does not set forth
all of the requirements and should not be relied upon as
limiting Plaintiff’s duties and obligations.

For

more

information,

Plaintiff

should

review

the

“Proceeding Without a Lawyer” section of the court’s website.
Of particular note is the Handbook designed to help guide pro
se litigants. Also, there is a legal assistance program on
Tuesdays from 11:00 a.m. to 1:00 p.m. on the second floor of
the Sam A. Gibbons United States Courthouse where pro se
litigants may consult with a lawyer on a limited basis for
free. A description of this program may be found on the
court’s

website

under

the

“Proceeding

Without

a

Lawyer”

section.
I.

Frequent Terms

Action

Answer

Cause of Action

Complaint

In Forma Pauperis

A
“civil
or
criminal
judicial
proceeding.”
Action,
Black’s
Law
Dictionary (10th ed. 2014). An action is
often used as a synonym for suit or
lawsuit. Id.
A type of pleading. An answer is how a
defendant responds to a complaint. Fed. R.
Civ. P. 8(b).
A “factual situation that entitles one
person to obtain a remedy in court from
another person.” Cause of action, Black’s
Law Dictionary (10th ed. 2014).
A type of pleading. A complaint is how a
plaintiff initiates a civil lawsuit and it
is
the
document
that
contains
the
plaintiff’s allegations forming the basis
of the suit. Fed. R. Civ. P. 8(a).
Latin for “in the manner of a pauper” and
used by courts to indicate when a litigant
is excused from paying filing fees. In
forma pauperis, Black’s Law Dictionary
(10th ed. 2014).

2

Motion

How relief is requested from the court. A
motion must (1) be in writing unless made
during a hearing or at trial, (2) state
with particularity the grounds for seeking
the order, and (3) state the relief
sought. Fed. R. Civ. P. 7(b).
Movant
The party that files a motion and is
seeking relief from the court.
Pleading
There are only 7 types of filings that are
considered pleadings under the Rules. Fed.
R. Civ. P. 7(a). Two common types of
pleadings are a complaint and an answer.
Process
“A summons or writ, [especially] to appear
or respond in court.” Process, Black’s Law
Dictionary.
Pro Se
“One who represents oneself in a court
proceeding without the assistance of a
lawyer.” Pro se, Black’s Law Dictionary
(10th ed. 2014).
Service of Process Refers to the procedure for notifying a
defendant that a lawsuit has been filed
against him or her. Federal Rule of Civil
Procedure 4 lists the requirements for
effecting service of process.
Sua Sponte
Latin
for
“of
one’s
own
accord;
voluntarily” and used by the court to
indicate when an order was entered on the
court’s own initiative.
Sua Sponte,
Black’s Law Dictionary (10th ed. 2014).
Summons
“A
writ
or
process
commencing
the
plaintiff’s action and requiring the
defendant to appear and answer.” Summons,
Black’s Law Dictionary (10th ed. 2014).
Federal Rule of Civil Procedure 4(a) lists
the required contents of a summons.

II.

Local Rules
The Local Rules are available for review on the public

website for the Middle District Court of Florida and a copy
may be obtained by visiting the Clerk’s Office.

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III. Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure are available for
review online or in the law libraries of the state and federal
courthouses.
IV.

Filing Fee
In order to maintain an action in this Court, Plaintiff

must either pay the filing fee to the Clerk’s Office or file
a motion to proceed in forma pauperis. If the filing fee has
not already been paid, Plaintiff is directed to either pay
the filing fee or file a motion to proceed in forma pauperis.
V.

Service of Process
Plaintiff is required to perfect service of process on

all defendants within 90 days of filing the complaint. Fed.
R. Civ. P. 4(m). It is Plaintiff’s responsibility to ensure
service of process occurs within the 90-day window. Fed. R.
Civ. P. 4(c)(1). Failure to timely or otherwise properly
perfect service of process may, under some circumstances,
result in dismissal of the case. Fed. R. Civ. P. 4(m), 12(b).
Plaintiff must also file proof of service, generally by
affidavit of the process server, as to each defendant who has
not waived service. Fed. R. Civ. P. 4(l)(1).
For those plaintiffs who have filed a motion to proceed
in forma pauperis, the Court endeavors to rule on such motions

4

in a timely fashion. However, it remains the Plaintiff’s
burden to ensure service on all defendants is accomplished
within 90 days from when the complaint was filed. Fed. R.
Civ. P. 4(c)(1), 4(m). If the motion to proceed in forma
pauperis is granted, the United States Marshals Service will
attempt to serve the defendants after you provide fully
executed summonses and copies of the complaint to the Marshals
Service. However, the Marshals Service will not attempt to
effect service until the motion to proceed in forma pauperis
is granted. Fed. R. Civ. P. 4(c)(3). On its own initiative,
or by the Plaintiff filing a motion, the Court will address
extensions of time to serve defendants on an as needed basis.
Nevertheless, you should actively monitor the docket.
VI.

Filings with the Court
All filings with the Court must be made in accordance

with the Federal Rules of Civil Procedure and this Court’s
Local Rules.
A.

Corresponding with the Court

No party shall correspond with the Court or any Judge or
Magistrate Judge of the Court in letter form. M.D. Fla. L.R.
3.01(f). The Judges of this Court will only deliver their
decisions and opinions in response to documents filed with
the Clerk’s Office in accordance with the governing rules of

5

procedure. Any correspondence sent to judicial officers will
not be responded to, will be stricken from the case file, and
will be returned to the sending party.
B.

Types of Filings

All documents filed with the Court must be in the form
of either a pleading or a motion. Each pleading, motion,
notice, or other paper shall be presented in a separate
document.
C.

Requesting Relief from the Court

All requests for relief from, or action by, the Court
must be in the form of a motion. The motion must meet the
requirements of all applicable rules. All motions must be
accompanied

by

a

legal

memorandum

with

citation

of

authorities in support of the relief requested. M.D. Fla.
L.R. 3.01(a). The motion and memorandum shall be filed as one
single document and cannot exceed 25 pages in length. Id.
Further,

prior

to

filing

most

motions,

Local

Rule

3.01(g) requires that the party filing the motion confer with
opposing counsel in a good faith attempt to resolve the issue.
The motion must include a certificate that the movant has
complied with this requirement and shall also notify the Court
whether the parties agree on the relief requested. The Court
expects all parties to carry out their obligation under Local

6

Rule 3.01(g) in good faith and to make themselves reasonably
available for Local Rule 3.01(g) conferences.
Local Rule 3.01 sets forth several other requirements
and rules governing motions filed with the Court. Failure to
comply with these requirements or any other rule may result
in the denial of the motion.
D.

Responding to Motions

If Plaintiff wishes to respond to a motion filed by
another party in this case, the response must be timely filed.
Any brief or legal memorandum in opposition to a motion must
be filed within 14 days after Plaintiff is served with that
motion. M.D. Fla. L.R. 3.01(b). If a party has missed a filing
deadline, that party must file a motion seeking leave of Court
to file the document out of time. If a response is not timely
filed, the Court may assume Plaintiff does not oppose that
motion and any relief requested by it. Moreover, a response
in opposition may not exceed 20 pages. Id.
E.

Additional Requirements

All

documents

filed

with

the

Court

must

include

a

caption, a brief title that describes the nature of the
document,

the

filing

party’s

name

and

signature,

and

a

Certificate of Service. Fed. R. Civ. P. 10, 11. The last two
items are explained below.

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1.

Name and Signature

All pleadings, motions, or other papers filed with the
Court by Plaintiff must bear his or her original signature,
or they will be rejected by the Court. Among other things,
the signature serves as Plaintiff’s certification under Rule
11(b) that the document is not submitted for any improper
purpose; that the claims or defenses presented in it are
warranted by existing law; and that there exists reasonable
factual

support

for

the

allegations

or

assertions

made.

Plaintiff should carefully review Rule 11, as the failure to
comply with its provisions can result in the imposition of
sanctions, including monetary fines or dismissal of the case.
2.

Certificate of Service

All pleadings, motions, or other papers filed with the
Court by Plaintiff must also include a signed Certificate of
Service. The Certificate of Service is confirmation that
Plaintiff has complied with the requirements of Rule 5 by
serving on every other party to the action (or its attorney)
a copy of the particular pleading, motion, or other paper
filed with the Court. At a minimum, a Certificate of Service
must state the date on which a copy of the particular document
was served on the other parties to the action (or their

8

attorneys) and the means by which such service was made (e.g.,
U.S. Mail, Federal Express, or hand delivery).
VII. Compliance with Court’s Orders
Plaintiff must abide by and comply with all orders of
this

Court.

Failure

to

do

so

may

result

in

sanctions,

including dismissal of this case.
VIII. Compliance with Applicable Rules
Although proceeding pro se, Plaintiff is not relieved of
all of the obligations that rest upon an attorney. There are
still many requirements with which Plaintiff must comply,
including

those

imposed

by

the

Federal

Rules

of

Civil

Procedure and the Local Rules of this Court. Plaintiff is
warned that the failure to comply with these requirements and
obligations can have significant consequences. For example,
failure to respond to discovery requests as described in the
Rules

may

addition,

result
failure

in
to

sanctions.
conduct

Fed.
a

R.

Civ.

P.

37.

In

timely

Case

Management

Conference and submit a Case Management Report can result in
dismissal of this case for lack of prosecution. M.D. Fla.
L.R. 3.05, 3.10.
IX.

Duty to Maintain Information and Monitor Docket
Plaintiff is under a continuing obligation to keep his

or her address, phone number, and, if on file, e-mail address

9

current.

The

Court

must

be

informed

of

any

change

in

Plaintiff’s contact information.
In addition, Plaintiff is under a continuing obligation
to regularly monitor the docket. Failure to do so may result
in Plaintiff missing a deadline, which as described above can
have severe consequences.
X.

CM/ECF Access
CM/ECF is the Court’s electronic docketing system. Use

of CM/ECF allows for more efficient communication between the
parties and the Court. If Plaintiff has paid the filing fee
or has been granted permission by the Court to proceed in
forma pauperis, Plaintiff may file a motion requesting access
to CM/ECF. While use of CM/ECF is encouraged, it is not
required for pro se litigants. If the Court grants a pro se
litigant permission to use CM/ECF, that person must comply
with the Clerk’s CM/ECF Administrative Procedures and other
applicable rules.
XI.

Judge Covington’s Practices and Preferences
Judge Covington’s webpage on the Middle District of

Florida’s website contains useful information and lists Judge
Covington’s practices. Plaintiff is highly encouraged to
thoroughly review the webpage.

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Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Plaintiff shall review and comply with the provisions of
this Order, as well as the Federal Rules of Civil Procedure,
the Local Rules of the Middle District of Florida, and any
applicable statutes and regulations.
DONE and ORDERED in Chambers in Tampa, Florida, this 2nd
day of May, 2017.

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