GOVERNMENT EMPLOYEES INSURANCE COMPANY v. KJ CHIROPRACTIC CENTER LLC, 6:12-cv-1138-Orl-36DAB. (2014)
Court: District Court, M.D. Florida
Number: infdco20140529d73
Visitors: 8
Filed: May 28, 2014
Latest Update: May 28, 2014
Summary: ORDER CHARLENE EDWARDS HONEYWELL, District Judge. This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge David A. Baker on May 8, 2014 (Doc. 299). In the Report and Recommendation, Magistrate Judge Baker recommends that the Plaintiffs' Motion to Strike or in the Alternative Sever Third Party Complaint (Doc. 264) be granted, in part, and the Third Party Complaint be stricken. The Magistrate Judge also recommends that Plaintiffs' Motion to Strike or in the
Summary: ORDER CHARLENE EDWARDS HONEYWELL, District Judge. This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge David A. Baker on May 8, 2014 (Doc. 299). In the Report and Recommendation, Magistrate Judge Baker recommends that the Plaintiffs' Motion to Strike or in the Alternative Sever Third Party Complaint (Doc. 264) be granted, in part, and the Third Party Complaint be stricken. The Magistrate Judge also recommends that Plaintiffs' Motion to Strike or in the ..
More
ORDER
CHARLENE EDWARDS HONEYWELL, District Judge.
This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge David A. Baker on May 8, 2014 (Doc. 299). In the Report and Recommendation, Magistrate Judge Baker recommends that the Plaintiffs' Motion to Strike or in the Alternative Sever Third Party Complaint (Doc. 264) be granted, in part, and the Third Party Complaint be stricken. The Magistrate Judge also recommends that Plaintiffs' Motion to Strike or in the Alternative Sever KJ and Smith's Third Party Complaint (Doc. 288) be granted, in part, and the Third Party Complaint be stricken. All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed.
Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now
ORDERED:
(1) The Report and Recommendation of the Magistrate Judge (Doc. 299) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review.
(2) Plaintiffs' Motion to Strike or in the Alternative Sever Third Party Complaint (Doc. 264) is GRANTED in part and DENIED in part.
(3) Plaintiffs' Motion to Strike or in the Alternative Sever KJ and Smith's Third Party Complaint (Doc. 288) is GRANTED in part and DENIED in part.
(4) Defendants' Third Party Complaints (Docs. 253, 276) are stricken, without prejudice.
(5) Defendants Jean Dorestant, Sadat Smith, and KJ Chiropractic Center, LLC, are directed to file a notice of constitutional question as specified in Rule 5.1 and to serve said notice and the paper drawing into question the constitutionality of sections 400.990 — 400.995, Florida Statutes, on the Florida Attorney General by June 18, 2014.
(6) Pursuant to 28 U.S.C. § 2403, the Court hereby certifies to the Attorney General of the State of Florida that the constitutionality of specific provisions of sections 400.990 — 400.995, Florida Statutes, has been questioned.
DONE AND ORDERED.
Source: Leagle
