The Golden Lounge

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Freedom Rules.

Right to privacy and Freedom of Speech prevail again. Zwebner from UCSY got spanked by the Court.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
MICHAEL J. ZWEBNER,
Plaintiff,
Case No. 03-22328-CIV -MOORE
Magistrate Judge O'Sullivan
CLOSED CIVIL CASE
vs.
JOHN DOES, alias "Tobias 95," et al.,
Defendants.

THIS CAUSE came before the Court upon Plaintiff's Motion for Further Enlargement of Time (filed Feb, 2, 2004). On December 23, 2003, this Court entered an order (DE #13) enlarging the time in which the parties shall file their joint scheduling report. as originally required by theCourt's pretrial order (DE #2),to February 2, 2004. Plaintiff now asserts that more time is necessary to discover the identities of the "John Doe" defendants and that the failure of third parties to respond to subpoenas issued by Plaintiff is the cause of his inability to comply with the Court's orders. However, a review of the record reflects that it is Plaintiff's failure to adhere to the Federal Rules of Civil Procedure that has caused delays. Accordingly,

Plaintiffs Motion for Further Enlargement of Time (filed Feb. 2,2004) is DENIED. Due to Plaintiffs failure to comply with the pretrial order, which cautioned, "failure to file a joint scheduling report may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs," this action is DISMISSED without prejudice. This case is CLOSED. All pending motions not otherwise ruled upon are DENIED AS MOOT. It is further
ORDERED that the CLERK OF COURT shall change Plaintiff's address listed on the docket to correspond with his Notice of Change of Address (DE #26) (the address is correctly listed on this Order's service list below).

DONE AND ORDERED in Chambers at Miami, Florida, this d day of February, 2004.
K. MICHAEL MOORE
UNITED STATES DISTRICT JUDGE
cc:
United States Magistrate Judge John J. O'Sullivan Michael J. Zwebner, 407 Lincoln Road, Ste. 12F. Miami Beach, FL 33129-3028