Franz v. Doe, 2:18-cv-536-FtM-38MRM. (2018)
Court: District Court, M.D. Florida
Number: infdco20180926b08
Visitors: 6
Filed: Sep. 25, 2018
Latest Update: Sep. 25, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , Magistrate Judge . Before the Court is Defendant Walmart Inc.'s Motion to Consolidate. (Doc. 15). As a result of a notice of removal, a sua sponte remand, another notice of removal, and an order granting a motion for reconsideration, two cases exist with the same claims and parties. ( See Docs. 1; 2; 11; 15). Now, Walmart seeks to consolidate the cases to "avoid the prosecution of simultaneous litigation of the same case in the same Court of the Fort My
Summary: ORDER 1 SHERI POLSTER CHAPPELL , Magistrate Judge . Before the Court is Defendant Walmart Inc.'s Motion to Consolidate. (Doc. 15). As a result of a notice of removal, a sua sponte remand, another notice of removal, and an order granting a motion for reconsideration, two cases exist with the same claims and parties. ( See Docs. 1; 2; 11; 15). Now, Walmart seeks to consolidate the cases to "avoid the prosecution of simultaneous litigation of the same case in the same Court of the Fort Mye..
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ORDER1
SHERI POLSTER CHAPPELL, Magistrate Judge.
Before the Court is Defendant Walmart Inc.'s Motion to Consolidate. (Doc. 15). As a result of a notice of removal, a sua sponte remand, another notice of removal, and an order granting a motion for reconsideration, two cases exist with the same claims and parties. (See Docs. 1; 2; 11; 15). Now, Walmart seeks to consolidate the cases to "avoid the prosecution of simultaneous litigation of the same case in the same Court of the Fort Myers Division of the Middle District of Florida." (Doc. 15). Franz agrees to the consolidation. (Doc. 15). The Court recognizes that two cases exist with identical parties and claims, and the parties seek to proceed under a single case. Thus, the Court will grant Walmart's motion so that the parties may proceed under this case and will close the second case as duplicative.
Accordingly, it is now
ORDERED:
1. Defendant Walmart Inc.'s Motion to Consolidate (Doc. 15) is GRANTED.
a. This case shall be the operative case moving forward and the parties shall file all pleadings, motions, notices, and other filings in this matter.
b. Any pleadings or filings that the parties wish for the Court to consider filed in the duplicative case, Frederick Franz v. Walmart, Inc. et al., 2:18-cv-584-UA-CM, must be refiled in this case.
c. The Court will close the duplicative case Frederick Franz v. Walmart, Inc. et al., 2:18-cv-584-UA-CM.
2. The Clerk of Court is DIRECTED to file a copy of this order in Frederick Franz v. Walmart, Inc. et al., 2:18-cv-584-UA-CM.
3. The Clerk of Court is further DIRECTED to terminate any pending motions and deadlines and close Frederick Franz v. Walmart, Inc. et al., 2:18-cv-584-UA-CM.
DONE and ORDERED.
FootNotes
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Source: Leagle
