Opinion

Mancuso

Court
District Court, M.D. Florida
Filed
Jul 21, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

JOSHUA NESTOR MANCUSO,

Plaintiff,

v. Case No.: 6:26-cv-00990-PGB-LHP

JENNIFER PEREZ-MOLINA, THE

SCHOOL BOARD OF ORANGE

COUNTY, FLORIDA, BRADLEY E.

MARTIN, ERIN K. O'DONNELL,

DENISE J. SANTIAGO, MARY K.

WILLISON, JOUMANA

MOUKADDAM, CYNTHIA Y.

MARTIN, SHERIFF JOHN W.

MINA, ALFREDA KEITH-LYTLE,

DOUGLAS C. MALENFANT,

ALEXIS J. AGOSTO, DOE

DEFENDANT 11; CHALUMEAU

LAW GROUP, LLC, DOE

DEFENDANT 12; BRONTE

TORRES PAGAN, JASON B.

FIESTA, ASHLEY KIMBERLIN

WILSON, DEPUTY

CHRISTOPHER LEVELLE-

COMBS, ALICIA P.

CHALUMEAU, AGOSTO LAW,

P.A., DOES 2-10, DEPUTY G.

AVILES, AND CHRISTINE

BRATEK-COHEN,

Defendants.

ORDER

On May 11, 2026, Plaintiff, proceeding pro se, filed a complaint against 22

named and unnamed Defendants. Doc. No. 1. Defendants John W. Mina, Deputy

Aviles, Alexis J. Agosto, Esq., Chalumeau Law Group, LLC, Alicia P. Chalumeau,

Christine S. Perera, the School Board of Orange County, Florida, Bradley E. Martin,

Erin K. O’Donnell, Denise J. Santiago, Mary K. Willison, and Cynthia Y. Martin filed

motions to dismiss in response. Doc. Nos. 29, 33, 37, 42, 46.1 These motions have

been referred to the undersigned.

On June 17, 2026, presiding United States District Judge Paul G. Byron

ordered Plaintiff to re-file his complaint to redact the name of a minor child

identified in the pleading. Doc. No. 30. On June 26, 2026, Plaintiff timely re-filed

his complaint. Doc. No. 50. Thereafter, Defendants John W. Mina, Deputy Aviles,

Alexis J. Agosto, Esq., Chalumeau Law Group, LLC, Alicia P. Chalumeau, Christine

S. Perera filed renewed motions to dismiss, which have also been referred to the

undersigned. Doc. Nos. 59-61, 67. Accordingly, the initial motions to dismiss (Doc.

Nos. 29, 33, 37, 42) are DENIED as MOOT. Defendants the School Board of Orange

County, Florida, Bradley E. Martin, Erin K. O’Donnell, Denise J. Santiago, Mary K.

Willison, and Cynthia Y. Martin have not re-filed their motion to dismiss (Doc. No.

1 Defendant Jennifer Perez Molina has filed an answer and counterclaim to the

operative complaint. Doc. No. 56. Defendant Douglas Paul Malefant, Esq. has also filed a

motion to dismiss. Doc. No. 55.

46), however, given that the only change to the complaint is the redaction of the

minor child’s name, the undersigned will treat the motion to dismiss as relating to

the operative pleading (Doc. No. 50).

In addition, on July 10, 2026, Plaintiff filed a First Amended Complaint for

Civil Rights Violations and Civil Rico (Jury Trial demanded). Doc. No. 62. Pursuant

to Federal Rule of Civil Procedure 15(a), a party may amend its pleading only once

as a matter of course, so long as the amendment is made no later than 21 days after

serving it, or 21 days after service of a responsive pleading or motion, whichever is

earlier. Fed. R. Civ. P. 15(a)(1). In all other cases, a party is not permitted to amend

their complaint without first obtaining either the opposing party’s written consent

or the Court’s leave. Fed. R. Civ. P. 15(a)(2). Here, Plaintiff did not file his amended

complaint until July 10, 2026, after the 21-day period set forth in Rule 15(a) expired,

and without first obtaining leave of Court or submitting proof that Defendants

consented to the amendment.

Accordingly, Plaintiff’s amended complaint (Doc. No. 62) is hereby

STRICKEN. If Plaintiff wishes to amend, he must do so in compliance with Federal

Rule of Civil Procedure 15. Plaintiff is reminded that pro se litigants are required to

comply with all applicable Federal Rules of Civil Procedure, Local Rules of this

Court, and Court Orders. See Moon v. Newsome, 863 F.2d 835, 836 (11th Cir. 1989)

(A pro se litigant “is subject to the relevant law and rules of court, including the

Federal Rules of Civil Procedure.”), cert. denied, 493 U.S. 863 (1989).

DONE and ORDERED in Orlando, Florida on July 21, 2026.

ayn □□□□

LESLIE AN PRICE

UNITED STATES MAGISTRATE JUDGE

Copies furnished to:

Counsel of Record

Unrepresented Parties

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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