ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT ELIZABETH A. KOVACHEVICH, District Judge. THIS CAUSE is before this Court on: Dkt. 36 Amended Complaint Dkt. 37 Defendants' Answer and Counterclaim Dkt. 45 Plaintiff's Response to Counterclaim Dkt. 32 Defendants' Motion for Summary Judgment Dkt. 35 Plaintiff's Amended Motion for Summary Judgment Dkt. 41 Defendants' Response to Amended Summary Judgment Motion Dkt. 44 Plaintiff's Response to Summary Judgment Motion Dkt. 48 Notice of...
ORDER ES D. WHITTEMORE, District Judge. BEFORE THE COURT is Defendants Wyeth LLC and Schwarz Pharma, Inc.'s Motion for Summary Judgment (Dkt. 55). Upon consideration, Defendants Wyeth LLC and Schwarz Pharma, Inc.'s Motion for Summary Judgment (Dkt. 55) is GRANTED. Introduction Plaintiffs, Barbara Metz and Donald Metz, filed this action against Wyeth LLC ("Wyeth"), Schwarz Pharma, Inc. ("Schwarz") (collectively, the "Brand Defendants") and Actavis Elizabeth, LLC d/b/a Purepac...
ORDER RICHARD A. LAZZARA, District Judge. THIS CAUSE comes before the Court on Defendant's Motion to Stay Action Pending Completion of Neutral Evaluation Process and Incorporated Memorandum of Law with exhibits (Dkt. 6), Plaintiffs' Response in Opposition and Incorporated Memorandum of Law with exhibits (Dkt. 7) and Defendant's Reply with exhibit (Dkt. 14). On September 29, 2011, Plaintiffs, Augustin and Martha Morejon, filed this lawsuit in the Circuit Court of the Thirteenth Judicial...
ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This matter comes before the Court pursuant to Defendant Target National Bank's Motion to Dismiss Plaintiff's Verified Complaint (Doc. # 4), filed on July 22, 2011. Plaintiff filed a response in opposition to the Motion on August 14, 2011 (Doc. # 15). For the reasons that follow, the Court denies the Motion. I. Background Plaintiff Daniel Kelliher retained counsel with regard to his debts on February 26, 2010. (Doc. # 2 at 14)....
ORDER ANNE C. CONWAY, District Judge. This cause comes before the Court for consideration of Defendants Katherine Weng and Anthony Medina's Motion to Dismiss Plaintiff Northland Insurance Company's Complaint for Declaratory Judgment (Doc. No. 10), to which Plaintiff Northland Insurance Company ("Northland") responded in opposition (Doc. No. 12.) For the reasons set forth below, the Court will deny Weng and Medina's Motion to Dismiss. I. BACKGROUND Northland issued a commercial auto...
MEMORANDUM OPINION AND ORDER HAROLD W. ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on a Motion to Dismiss (Doc. #20) filed by Defendant United States of America (the "Government") and a Motion to Strike (Doc. #24), filed by Plaintiff Edward N. Kuhlman ("Kuhlman"). Kuhlman filed an Amended Complaint (Doc. #17) in this court on March 9, 2011, bringing a claim of negligence against the Government under the Federal Tort Claims Act ("FTCA"), 28 U.S.C....
ORDER MARY S. SCRIVEN, District Judge. THIS CAUSE comes before the Court upon Plaintiff's Motion for Preliminary Injunction (Dkt. 2), Motion for Class Certification (Dkt. 16) and Reply to Defendant's opposition to preliminary injunctive relief (Dkt. 22), along with the State's responses (Dkt. 19; Dkt. 16) in opposition to Plaintiff's motions. I. INTRODUCTION The question presented is whether Section 414.0652, Florida Statutes, which requires all applicants for a class of federal welfare...
ORDER CHARLENE EDWARDS HONEYWELL, District Judge. THIS CAUSE is before the Court on the Internal Revenue Service's ("IRS") Motion to Transfer (Dkt. 29). In support of the Motion, the IRS filed several exhibits (Dkts. 29-36, 38) and memoranda (Dkts. 37, 48). Plaintiff Kearney Partners Fund, LLC ("KPF") 1 filed responses in opposition to the Motion to Transfer (Dkts. 40, 51), and several exhibits in support of its opposition (Dkts. 41-45). The parties appeared for an evidentiary hearing on...
ORDER ANNE C. CONWAY, District Judge. This cause comes before the Court for consideration of Plaintiff AIG Premier Insurance Company's ("AIG") Amended Motion for Summary Judgment (Doc. No. 37) and Defendant RLI Insurance Company's ("RLI") Cross-Motion for Summary Judgment. (Doc. No. 38.) RLI opposes AIG's motion (Doc. No. 38) and AIG opposes RLI's cross-motion. (Doc. No. 45.) RLI filed a Reply (Doc. No. 52) and a Sur-Reply (Doc. No. 56) in support of its Cross-Motion, and AIG filed a...
ORDER STEVEN D. MERRYDAY, District Judge. After roughly a year at a nursing home, Juanita Amelia Jackson died. In the circuit court for Polk County, Florida, the Jackson estate sued the owners of the nursing home for wrongful death and obtained a default judgment for $110 million. The broke and defunct nursing home owners failed to defend the lawsuit and failed to pay the Jackson estate's judgment. The Two Parties Before Judge Covington In December, 2010, the Jackson estate requested in...
ORDER ANNE C. CONWAY, District Judge. This cause comes before the Court for consideration of the parties' Joint Stipulation for Severance and Remand of Count III (Doc. No. 11), filed on July 5, 2011. The Court will also consider Plaintiff Danielle R. Fusco's Motion to Remand Counts I, II, IV, V, and VI (Doc. No. 15), filed on July 14, 2011. Defendant Victoria's Secret Stores, LLC ("VSS") filed a response in opposition (Doc. No. 16) on July 28, 2011. Based on the following analysis, the Court...
ORDER STEVEN D. MERRYDAY, District Judge. The plaintiffs sue (Doc. 2) in state court and allege claims "aris[ing] from and relat[ing] to the marketing and sale of life insurance policies for defined benefit pension plans allegedly in compliance with Section 412(i) of the Internal Revenue Code." The defendants remove (Doc. 1) and allege diversity jurisdiction under 28 U.S.C. 1332. A February 15, 2011, order (Doc. 25) denies the defendant Donald Haskell's motion (Doc. 11) to compel...
ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Plaintiffs' Motion to Remand (Dkt. 12) and Defendant Jackson Hewitt, Inc.'s Response in Opposition (Dkt. 15). The Court, having considered the motion, response, and being otherwise advised in the premises, concludes that the motion should be denied because Defendant J.H. Investment Services, Inc. was fraudulently joined. BACKGROUND Plaintiffs initiated this action in the Circuit Court of the Twelfth...
ORDER MARY S. SCRIVEN, District Judge. THIS CAUSE comes before the Court for consideration of Mackle Vincent Shelton's Petition for Writ of Habeas Corpus Under 28 U.S.C. 2254 (Dkt. 1); the response filed in opposition thereto (Dkt. 7); Petitioner's Reply (Dkt. 11); the parties' Supplemental Memoranda (Dkts. 25, 31, 36); and the Amicus Brief filed in support of Petitioner. (Dkt. 28) On May 13, 2002, the Florida Legislature enacted changes to Florida's Drug Abuse Prevention and Control law,...
ORDER 1 TIMOTHY J. CORRIGAN, District Judge. Plaintiffs James D. Hinson Electrical Contracting Co., Inc. (Hinson) and Jensen Civil Contracting Co., Inc. (Jensen) brought suit against defendant BellSouth Telecommunications, Inc. (BellSouth) for allegedly overcharging excavators that accidentally damaged BellSouth's underground facilities. Plaintiffs contend that BellSouth's bills for repairing the damage to its facilities improperly included amounts for claims processing and general...
REPORT AND RECOMMENDATION KARLA R. SPAULDING, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT This cause came on for consideration without oral argument on the following motion filed herein: MOTION: JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE (Doc. No. 18) Plaintiff Crystal D. Capolupo and Defendants Cranium Clubhouse, Inc. and Eddie Gray stipulate to voluntary dismissal with prejudice of Plaintiff's claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et...
REPORT AND RECOMMENDATION DAVID A. BAKER, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT This cause came on for consideration without oral argument on the following motion filed herein: MOTION: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT WITH REMAND (Doc. No. 26) THEREON it is RECOMMENDED that the motion be GRANTED . This cause having come before the Court upon the unopposed motion of the Defendant to remand this case to the Commissioner for further administrative action pursuant...
REPORT AND RECOMMENDATION 1 GREGORY J. KELLY, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT: This cause came on for consideration, without oral argument, on the following motion: MOTION: MOTION FOR ENTRY OF JUDGMENT IN ACCORDANCE WITH DEFENDANTS' OFFER OF JUDGMENT AND PLAINTIFF'S ACCEPTANCE OF OFFER OF JUDGMENT (Doc. No. 37) FILED: August 24, 2011 THEREON it is RECOMMENDED that the motion be GRANTED. I. INTRODUCTION This suit arises out of a complaint filed by...
REPORT AND RECOMMENDATION DOUGLAS N. FRAZIER, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT This cause is before the Court on the Defendant, Donald A. Hill's Motion to Suppress (Doc. 22) filed on February 11, 2011. The Defendant asserts that the initial entry into the lanai of his residence was illegal, that the officers unlawfully Baker Acted him, and that the second entry into the residence to obtain clothes and shoes was unlawful in that the officer searched the computer...
ORDER TIMOTHY J. CORRIGAN, District Judge. The Engle tobacco odyssey began in 1994, when a Florida trial court certified a nationwide smokers' class action lawsuit against the major domestic cigarette companies and two tobacco industry organizations for injuries allegedly caused by smoking. Nearly five years ago, the Florida Supreme Court decertified the class and instructed that certain jury findings relating to the tobacco defendants' products and conduct would "have res judicata...
