VILLETA v. CARNIVAL CORPORATION, 13-24369-CIV-ALTONAGA/O'SULLIVAN. (2014)
Court: District Court, N.D. Florida
Number: infdco20141031a95
Visitors: 2
Filed: Oct. 30, 2014
Latest Update: Oct. 30, 2014
Summary: ORDER ON PLAINTIFF'S MEMORANDUM OF LAW SEEKING SANCTIONS JOHN J. O'SULLIVAN, Magistrate Judge. THIS MATTER is before the Court on the Plaintiff's Memorandum of Law Seeking Sanctions (DE # 80, 9/30/14). Having held a hearing in this matter and for the reasons stated on the record, it is ORDERED AND ADJUDGED that the request for sanctions contained in the Plaintiff's Memorandum of Law Seeking Sanctions (DE # 80, 9/30/14) is GRANTED in part and DENIED in part in accordance with this Order. The
Summary: ORDER ON PLAINTIFF'S MEMORANDUM OF LAW SEEKING SANCTIONS JOHN J. O'SULLIVAN, Magistrate Judge. THIS MATTER is before the Court on the Plaintiff's Memorandum of Law Seeking Sanctions (DE # 80, 9/30/14). Having held a hearing in this matter and for the reasons stated on the record, it is ORDERED AND ADJUDGED that the request for sanctions contained in the Plaintiff's Memorandum of Law Seeking Sanctions (DE # 80, 9/30/14) is GRANTED in part and DENIED in part in accordance with this Order. The r..
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ORDER ON PLAINTIFF'S MEMORANDUM OF LAW SEEKING SANCTIONS
JOHN J. O'SULLIVAN, Magistrate Judge.
THIS MATTER is before the Court on the Plaintiff's Memorandum of Law Seeking Sanctions (DE # 80, 9/30/14). Having held a hearing in this matter and for the reasons stated on the record, it is
ORDERED AND ADJUDGED that the request for sanctions contained in the Plaintiff's Memorandum of Law Seeking Sanctions (DE # 80, 9/30/14) is GRANTED in part and DENIED in part in accordance with this Order. The request for sanctions pursuant to the Court's inherent authority is DENIED. The request for sanctions pursuant to Federal Rule of Procedure 37 is GRANTED. Under Federal Rule of Civil Procedure 37(b)(2)(A)(I), facts may be "taken as established for purposes of the action, as the prevailing party claims." Fed.R.Civ.P. 37(b)(2)(A)(I). Accordingly, it is further
ORDERED AND ADJUDGED that: 1) the element of notice of the existence of a dangerous condition has been established; and 2) the defendant's affirmative defenses raising an alleged lack of notice or absence of a dangerous condition are stricken.
DONE AND ORDERED.
Source: Leagle
