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Burris v. Green, 3:12cv521-MCR-CJK. (2016)

Court: District Court, N.D. Florida Number: infdco20161003a16 Visitors: 14
Filed: Sep. 30, 2016
Latest Update: Sep. 30, 2016
Summary: ORDER M. CASEY RODGERS , Chief District Judge . This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated August 26, 2016. ECF No. 311. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). There are no objections. Having considered the Report and Recommendation, the court has determined that the Report and Recommen
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ORDER

This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated August 26, 2016. ECF No. 311. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). There are no objections.

Having considered the Report and Recommendation, the court has determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order.

2. Defendant Victor Franck's Motion to Set Aside Clerk's Default and Motion to Dismiss Defendant Victor C. Franck from Third Amended Complaint for Lack of Personal Jurisdiction, ECF No. 296, is GRANTED.

3. The Clerk's default is VACATED.

4. Plaintiffs' claims against defendant Franck are DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction.

5. Plaintiffs' Motion to Compel Mediation, Motion for Sanctions, and Motion for Case Management Conference, ECF No. 295, is GRANTED in part and DENIED in part as follows:

a. GRANTED as to the request for mediation. The case is referred to Magistrate Judge Kahn for a settlement conference to be completed within forty-five (45) days. All named, remaining Defendants are required to appear in person.

b. DENIED as to a case management conference, without prejudice to renewal after the settlement conference.

c. MOOT as to the request for sanctions against Victor Franck.

DONE AND ORDERED.

Source:  Leagle

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