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McCULLERS v. DOLLAR TREE STORES, INC., 6:13-cv-163-Orl-28KRS. (2013)

Court: District Court, M.D. Florida Number: infdco20130610955 Visitors: 3
Filed: Jun. 04, 2013
Latest Update: Jun. 04, 2013
Summary: ORDER JOHN ANTOON, II, District Judge. This case is before the Court on Plaintiffs' Unopposed Motion to Sever and Transfer (Doc. No. 46) filed April 29, 2013. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it
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ORDER

JOHN ANTOON, II, District Judge.

This case is before the Court on Plaintiffs' Unopposed Motion to Sever and Transfer (Doc. No. 46) filed April 29, 2013. The United States Magistrate Judge has submitted a report recommending that the motion be granted.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1. That the Report and Recommendation filed May 8, 2013 (Doc. No. 49) is ADOPTED and CONFIRMED and made a part of this Order.

2. Plaintiffs' Unopposed Motion to Sever and Transfer (Doc. 46) is GRANTED.

3. The claims of Plaintiffs Hayden McCullers and Clifford Wenhold are SEVERED from the claims of the other Plaintiffs in this case. The Clerk of the Court is directed to open a new case for their claims against Defendant. Once the new case is opened, the Clerk is directed to transfer the case for Plaintiffs McCullers and Wenhold to the United States District Court for the Northern District of Florida, Pensacola Division.

4. After the claims of Plaintiffs McCullers and Wenhold are severed, the Clerk of the Court is directed to transfer this case (claims of Plaintiffs Lloyd McClain, Jr., Steven Michael, and Robert A. Snyder)1 to the Tampa Division of this Court.

5. After this case has been transferred as set forth above, the Clerk of the Court is directed to close this file.

DONE and ORDERED.

FootNotes


1. The claims of the five other named Plaintiffs have been dismissed (Doc. Nos. 29, 34).
Source:  Leagle

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