Anderson v. The City of Daytona Beach Municipal ( 2023 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION SHIRLEY BAKER ANDERSON, Plaintiff, v. Case No: 6:22-cv-1417-CEM-LHP THE CITY OF DAYTONA BEACH MUNICIPAL, RAYAN BELL, SUNTRUST MORTGAGE OF VIRGINIA, GARY M. GLASSMAN, ROBERT SCOTT KAHANE & ASSOCIATES, THOMAS CROWDER, CINDY WOLPER BORIZILLO, RORICK F. WILLIS, II , JOSEE RODRIGUIZ LUIS, III and MIDLAND FUNDING LLC, Defendants ORDER This cause came on for consideration without oral argument on the following motion filed herein: MOTION: MOTION QUI TAM THE FALSE CLAIMS ACT, THE RELATOR ARE FILED UNDER SEAL FALSE CLAIMS ACT (FCA), 41 U.S.C. 31 3729(b), 31 U.S.C. §§ 3729 - 3733 (Doc. No. 45) FILED: January 18, 2023 THEREON it is ORDERED that the motion is DENIED. Before the Court is a motion by Plaintiff, who appears pro se, titled “Motion Qui Tam the False Claims Act, the Relator are Filed Under Seal False Claims Act (FCA), 41 U.S.C. 31 3729(b), 31 U.S.C. §§ 3729 - 3733.” Doc. No. 45. Upon review of the motion and the docket, the motion will be DENIED because this case was dismissed without prejudice on December 27, 2022, and the case has been closed. See Doc. No. 37. See also Doc. Nos. 39, 42 (denying motions to reopen case); Doc. No. 44 (striking similar filing by Plaintiff, which was construed as an attempt to file an amended complaint, because the case is closed). Even if the Court were to consider the motion - and Plaintiff has provided no legal authority authorizing the Court to consider said motion in a closed case - the motion fails to comply with the Local Rules, including Local Rules 1.08, 3.01(a), and 3.01(g). See also Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (stating that pro se litigants are “subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure”). DONE and ORDERED in Orlando, Florida on January 20, 2023. [ inlay ie an 10 LESLIE NOFFIIAN PRICE UNITED STATES MAGISTRATE JUDGE -2- Copies furnished to: Counsel of Record Unrepresented Parties