3. Enrique Varona vs. STATE OF FLORIDA (Summons)

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 11-20657-CIV-JORDAN

ENRIQUE VARONA, )

Plaintiff

vs. )

JAMES BRIERTON, et al.,

Defendants. )

ORDER RE-OPENING CASE AND GIVING NOTICE

I previously dismissed this case without prejudice for failure to state a cause of action against

the defendants. Enrique Varona may have a properly pleaded cause of action under his second

amended complaint. Accordingly, this case is RE-OPENED.

In addition, Mr. Varona filed his complaint on September 6, 201 1. This order provides notice

that if the defendants are not served 120 days from today, the action will be dismissed without

prejudice for failure to effect service of process under Rule 4(m).

DONE and ORDERED in Miami, Florida, this 14th day of September, 201 1.

Adalberto JordanUnited States District Judge

Copy to: All counsel of recordEnrique Varona, pro se

- -

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE No. 11-20657-CIV-JORDAN

ENRIQUE VARONA,

Plaintiff

vs.

JAMES BRIERTON, et al.,

Defendants

ORDER REQUIRING MARSHALS SERVICE TO EFFECT SERVICE

Mr. Varona was granted leave to proceed in forma pauperis ("IFF7') [D.E.6]. The United

States Marshals Service shall effect service of process on defendants Mr. Rietman, and Haul O Way

Towing, Inc. at the addresses provided below, and then file returns of service with the clerk. By

January 19,2012, Mr. Varona shall file with the Court addresses for remaining defendants (the State

of Florida, the Chief Administrative Officer of Dade County, and the Director of the DMV) so that

the U.S. Marshals Service can serve process.

DONE and ORDERED in chambers in Miami, Florida, this 5th day of January, 2012.

Copy to: Enrique Varona, pro se

Trooper M.G. Reitmann1011 NW l l l t h A v eMiami, FL 33172

&Adalberto JordanUnited States District Judge

Certified to tig f true andcorrect copy of the document on file

Steven M. Larimore, Clerk,District Court

Southern Qtftnct'Tpf FloridaIAA •

By

Case l:ll-cv-20657-AJ Document 41 Entered on FLSD Docket 02/09/2012 of 4

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

Enrique Varona

Plaintiff

v.

James Brierton, et al.

Defendant

for the

Southern District of Florida

Civil Action No. 11-20657-Civ-Jordan

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Attorney General107 W. Gaines Street #428Collins Bldg.Tallahassee, FL 32399By Serving: State of Florida, Governor Rick Scott c/o Office of Attorney General

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are: Enrique Varona, pro se

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

Date: February 9, 2012

SUMMONS

S/Yesenia HerreraDeputy Clerk

Steven M Lanmore ^ District CoiutsClerk ot Court

\ Case l:ll-cv-20657-AJ Document 46 Entered on FLSD Docket 02/28/2012 Page 1 of 1J.S. Department of Justice PROCESS RECEIPT AND RETURNUnited States Marshals Service Seg «Imtrucaam forService OfProcess bv U.S. Marshal"

PLAINTIFFEnrique Varona

DEFENDANT

James Brierton, et al.,

COURT CASE NUMBER11-20657-Civ- Jordan

TYPE OF PROCESS

IFP - Summons and Complaint

• NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN

SERVE } Attorney General - By Serving: State of Florida, Governor Rick Scott c/o Office of Attorney GeneralADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)

• 107 West Gaines Street, #428, Collins Building, Tallahassee, Florida 32399

SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW

Enrique Varona. pro se

Number of process to beserved with this Form 285

Number of parties to beserved in this case

Check for serviceon U.S.A.

SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses.All Telephone Numbers, and Estimated Times Available for Service):

Fold Fold

Please provide personal service upon defendant named above.

Signature of Attorney other Originator requesting service on behalf of: D PLAINTIFF

D DEFENDANT

TELEPHONE NUMBER DATE

SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- Dp NOT WRITE BELOW THIS LINEI acknowledge receipt for the totalnumber of process indicated.(Sign only for USM285 if morethan one USM285 is submitted)

Total Process District ofOrigin

No. 04

District toServe /

No. 04 (

^Si ato^of Authorized USMS Deputy or Clerk *\O - 1/far 0 k

II s~* Digitally (fened by twetachflU8rfw.6oj.govwe [email protected]''i>N: ">•*«•»«"»""» *i»"T *S» 1 a , [jj . 20,2.02.10 15:04:1 7 -05t)0'

Date

2/1 0/20 1 2

I hereby certify and return that I 3 have personally served , CD have legal evidence of service, d have executed as shown in "Remarks", the process describedon the individual , company, corporation, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below.

CD I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)

Name and title of individual served (if not shown above)

£*£j&'<~- /Js'J'aCtL. /LcCf^ L

Address (complete only different than shown above)

Service Fee Total Mileage Chargesincluding endeavors)

Forwarding Fee

FILED b}f ASS D.C.

FEB 2 8 2012STEVEN M. LAR1MORECLERK U.S. DIST. CT.

S D. of FLA. - M I A M I

Total Charges Advance Deposits

O A person of suitable age and discretionthen residing in defendant's usual placeof abode

DateEH am

SigfiatureoTtSS/Mijrshal or Deputy

... r .. szl - / sAmount owed to U.S. Marshal* or(Amount of Refund*)

REMARKS:

I'KIM 5 ( OI'IIS: 1. CLERK OF THE COURT2. USMS RECORD3. NOTICE OF SERVICE4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,

if any amount is owed. Please remit promptly payable to U.S. Marshal.5. ACKNOWLEDGMENT OF RECEIPT

PRIOR EDITIONS MAY BE USED

Form USM-285Rev. 12/80

Case l:ll-cv-20657-AJ Document 41 Entered on FLSD Docket 02/09/2012 Page 4 of 4


UNITED STATES DISTRICT COURTfor the


Enrique Varona

Plaintiff

V.


Civil Action No. 11 -20657-Civ-Jordan

Defendant


To: (Defendant's name and address) Department of Highway Safety & Motor Vehicles2900 Apalachee Parkway, A432Tallahassee, FL 32399By Serving: Executive Director, Julie L. Jones c/o General Counsel





Steven M. LarimoreClerk of Court

SUMMONS

S/Yesenia HerreraDeputy ClerkU.S. District Courts

case ],:ll-cv-20657-AJ Document 47 Entered on FLSD Docket 02/28/2012 Page 1 of 1V.S. Department of Justice PROCESS RECEIPT AND RETURNUnited States Marshals Service See "Instructions for Service of Process by U.S. Marshal"


DEFENDANT



TYPE OF PROCESS

IFF - Summons and Complaint

f NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN

SERVE J Department of Highway Safety and Motor Vehicles - By Serving: Executive Director, Julie L. Jones General Coun.^f | ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)

^-2900 Apalachee Parkway, A432, Tallahassee, Florida 32399


Enrigue Varona. pro se




SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses.All Telephone Numbers, and Estimated Times Available for Service):

Fold Fold



D DEFENDANT


SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- DO NOT WRITE BELOW THIS LINEI acknowledge receipt for the totalnumber of process indicated.(Sign only for USM285 if morethan one USM 285 is submitted)


No. 04

District toServe /

No. 04 (

Signature of 'Adttiorized USMS Deputy or Clerk V^ *ln)<±A\ittlr

l^ej*[email protected]^^S?s-i^

Date

2/10/2012

I hereby certify and return that 1 Ly have personally served, CD have legal evidence of service, EH have executed as shown in "Remarks", the process describedon the individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below.



L / / t f ? Y /\J \frf T~ f £t^G~A L



7 j

FILED by Jfc&_D.C.

FEB 2 8 2012STEVEN M. LARIMORECLERK U.S. DIST. CT.S D. of FLA. -MIAMI

Forwarding Fee Total Charges Advance Deposits

n A person of suitable age and discretionthen residing in defendant's usual placeof abode

Date TimeLJ am

2 - -d pm

Signature oftfcS.flC§isJlal or DeputyC FS*-.• -.— i fo * -s~*~

V i ~tAmount owed to U.S. Marshal* or(Amount of Refund*)

$0.00 ^REMARKS:

1. CLERK OF THE COURT2. USMS RECORD3. NOTICE OF SERVICE4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,








Enrique Varona

Plaintiff

v,


Defendant



To: (Defendant's name and address) Office of the Mayor/Chief Administrative Officer of Dade CountyCarlos A. Gimenez - MayorStephen P. Clark Center, 111 N.W. 1st Street, Suite 2910Miami, FL 33128





SUMMONS

S/Yesenia Herrera

Deputy ClerkSteven M. Lanmore T T O r\- */-•U.S. District Courts

Clerk of Court

LCase l:ll-cv-20657-AJ Document 45 Entered on FLSD Docket 02/23/2012 Page 1 of 1

U.S. Department of Justice PROCESS RECEIPT AND RETURNUnited States Marshals Service

See »Instructiom for Service of Process bv U.S. Marshal"


DEFENDANTJames Brierton, et al.,


TYPE OF PROCESSIFP - Summons and Complaint

• NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN

SERVE J Office of the Mayor/Chief Administrative Officer of Dade County - Carlos A. Gimenez - MayorADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)

• Stephen P. Clark Center, 111 N.W. 1st Street, Suite 2910, Miami, Florida 33128SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW

Enrique Varona. pro se




All Telephone Numbers, and Estimated Tunes Available for Service):


FILED bv PC

FE8 I 3 20i2STEVEN M. LARIMORECLERK U.S. DIST. CT.


D DEFENDANT

TELEPHONE NUMBER DAFT

SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- O NOT WRITE BELOW THIS LINEI acknowledge receipt fu; the totalnumber of process indicated.(Sign only for USM285 if morethan one USM285 is submitted)


No 04

District to /Serve /

No. 04 (

""SjgJjatpK of Authorized USMS Deputy or Clerk

• ^1 1 Digitally ugrad by (w«sch©usTi3 dot [email protected]'-^»-i«i«^e'"™o°i»»/ ™ ' a , Dele 2012.02.10 15:04:17 -05W

Date

2/10/2012

1 hereby certify and return that iK have personally served, EH have legal evidence of service, D have executed as shown in "Remarks", the process describedon the individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below.

[~1 I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)

Narre and title of individual served (if not shovmabove) EU A person of suitable age and discretionthen residing in defendant's usual placeof abode

Address (complete only differe shown above) Date Time


.51Forwarding Fee

<-' .^\jYX,VvVVJ

Total Charges Advance Deposits Amount owed to U.S. Marshal* or(Amount of Refund*)

$0.00REMARKS:

PRIM 5 COPIES: 1. CLERK OF THE COURT2. USMS RECORD3. NOTICE OF SERVICE4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,



Form USM-285Rev.12/80

Case l:ll-cv-20657-AJ Document 42 Entered on FLSD Docket 02/10/2012 Page 1 of 1•* ^




Enrique Varona

Plaintiff

FEB 1 -0 2012STEVEN M. LARIMORECLERK U. S. DIST. CTS. D. of FLA. - MIAMI

v, ) Civil Action No. 11-20657-Civ-Jordan


Defendant


To: (Defendant's name and address) Trooper M.G. Reitmann1011 N.W. 111th AvenueMiami, FL 33172




Date:

CLERK OF COURT

U4s«Signature of Clerk or Deputy Clsrk

Case l:ll-cv-20657-AJ Document 44 Entered on FLSD Docket 02/23/2012 Paqe 1 of 1U.S. Department of Justice PROCESS RECEIPT AND RETURNUnited States Marshals Service Sgg ..junctions for Service of Process bv U.S. Marshal"


DEFENDANT


COURT CASE NUMBER11-20657-Civ-Jordan

TYPE OF PROCESS



SERVE J Trooper M.G. ReitmannADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)

• 1011 N.W. 111th Avenue, Miami, Florida 33172SEND NOTICE OF SERVICE COPY TO REQUI

[—Enrique Varona, pro se

-

ESTER AT NAME AND ADDRESS BELOW Number of process to be




SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE fTnrluJ* «i/rin«* and Ahfrnrt' AririwAll Telephone Numbers, and Estimated Times Available for Service):

FILED by. D.C.

FEB 2 3 2012STEVEN M. LARIMORECi.ERKU. S. DIST. CT.* '•:• of FLA - MIAMI

Fold


D DEFENDANT


SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- ftO NOT WRITE BELOW THIS LINEI acknowledge receipt for the totalnumber of process indicated.(Sign only for USM285 if morethan one USM 285 is submitted)


NO 04

District toServe /

No. 04 (

,-S*Ehaju*6 of Authorized USMS Deputy or Clerk

^[email protected]\ApN^-^i^«"«™*>)9ov/ ^ ' S / Otlt. 2012.02.10 15:04:17 -05W

Date

2/10/2012

I hereby certify and return that I have personally served, LJ have legal evidence of service, d have executed as shown in "Remarks", the process describedon the individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below.

l~1 I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)




Forwarding Fee Total Charges

vD *

Advance Deposits

1 1 A person of suitable age and discretionthen residing in defendant's usual placeof abode

Date \X

10Signatuje7oT0E~fr

^Xr-^

Time TO

i r U P S3"1

\ 1 ' _ _ U pm

,arshal^r£eputy^; ,1

"• "

Amount owed to U.S. Marshal* or(Amount of Refund*)

$0.00

1. CLERK. OF THE COURT2. USMS RECORD3. NOTICE OF SERVICE4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,








Enrique Varona

Plaintiff

V.


Defendant



To: (Defendant's name and address) Haul O Way Towing, Inc.13055S.W. 124th AvenueMiami, FL 33186


Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2)or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are: Enrique Varona, pro se

If you fail to respond, judgment by default wil l be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

Date:Februarys, 2012

Steven M. Larimore-,. _ _Clerk of Court

SUMMONS

S/Yesenla Herrera

Deputy ClerkU.S. District Courts

Case l:ll-cv-20657-AJ Document 43 Entered on FLSD Docket 02/23/2012 Page 1 of 1U.S. Department of Justice PROCESS RECEIPT AND RETURNUnited States Marshals Service Se£ ,,,mtructions forService of Process bv a& Marshal"

f PLAINTIFFEnrique Varona

DEFENDANT


COURT CASE NUMBER11-20657-Civ-Jordan

TYPE OF PROCESS



SERVE J Haul O Way Towing, Inc.ADDRESS (Street or RFD, Apartment No., City, Slate and ZIP Code)

• 13055 S.W. 124th Avenue, Miami, Florida 33186


Enrique Varona, pro se




SPECIAL INSTRUCTIONS UK UlritK IINMJKMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include BusinAll Telephone Numbers, and Estimated Times Available for Service):

Fold



D DEFENDANT

FILED by.

Atternate Addresses.

D.C.

FEB 2 3 2012STEVEN M. LARIMORECLERK U.S. DIST. CT.S n of Fl A -MIAMI


SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-, DO NOT WRITE BELOW THIS LINEI acknowledge receipt for the totalnumber of process indicated.(Sign only for USM285 if morethan one USM285 is submitted)


No. 04

District toServe /

No. 04 (

~£nnafdre of Authorized USMS Deputy or Clerk

)welsch@usms doi aovifiN:=nitoeten*ui™*))8ov

/ ^" t, °*ti'- 2012.02.10 15:04:1 7 -05DO'

Date

2/10/2012

I hereby certify and return that I [X have personally served, CD have legal evidence of service, CD have executed as shown in "Remarks", the process describedon the individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below.


Name and title of individual sewed (if not shown aJteve)

"JvXJj^. (^)ClvrCl<l/ Oo^A~€r^Address (complete only different than shown above)

Service Fee

-z:cP

AA L OLIA~\V v^_Total Mileage Chargesincluding endeavors)

Forwarding Fee Total Charges Advance Deposits

CD A person of suitable age and discretionthen residing in defendant's usual placeof abode

Date

Signature o£LLS_>

v^

Time „..

\V-5o n jmarshal <tDeputy .) / 1CL ^^—-rf ~-&<\

Amount owed to U.S. Marshal* or(Amount of Refund*)

$0.00REMARKS:

TKIM 5( OI'ILS: 1. CLERK OF THE COURT2. USMS RECORD3. NOTICE OF SERVICE4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,




3. Enrique Varona vs. STATE OF FLORIDA (Summons)

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Transcript of 3. Enrique Varona vs. STATE OF FLORIDA (Summons)