Filed: Jun. 03, 2016
Latest Update: Jun. 03, 2016
Summary: ORDER ROY B. DALTON Jr. , District Judge . This cause is before the Court on the following matters: (1) Motion for Partial Summary Judgment Determining the Right to Condemn Easements and Incorporated Memorandum of Law (Doc. 2), filed March 18, 2016; (2) Plaintiff's Motion for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law (Doc. 3), filed March 18, 2016; (3) Motion for Substitution of Parties and Incorporated Memorandum of Law (Doc. 36), filed May 5, 20
Summary: ORDER ROY B. DALTON Jr. , District Judge . This cause is before the Court on the following matters: (1) Motion for Partial Summary Judgment Determining the Right to Condemn Easements and Incorporated Memorandum of Law (Doc. 2), filed March 18, 2016; (2) Plaintiff's Motion for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law (Doc. 3), filed March 18, 2016; (3) Motion for Substitution of Parties and Incorporated Memorandum of Law (Doc. 36), filed May 5, 201..
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ORDER
ROY B. DALTON Jr., District Judge.
This cause is before the Court on the following matters:
(1) Motion for Partial Summary Judgment Determining the Right to Condemn Easements and Incorporated Memorandum of Law (Doc. 2), filed March 18, 2016;
(2) Plaintiff's Motion for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law (Doc. 3), filed March 18, 2016;
(3) Motion for Substitution of Parties and Incorporated Memorandum of Law (Doc. 36), filed May 5, 2016;
(4) Stipulation for Immediate Possession (Doc. 43), filed May 20, 2016; AND
(5) Unopposed Joint Motion to Dismiss Defendant First Horizon Home Loans and Memorandum of Law in Support Thereof (Doc. 47), filed May 31, 2016.
BACKGROUND
Plaintiff Sabal Trail Transmission, LLC ("Plaintiff") initiated this land condemnation action against certain property located in Osceola County, Florida ("Property") and against landowner ICI Orlando Residential Holdings, LLC ("ICI"). (See Doc. 1.) Subsequently, ICI conveyed the Property to JTD Land at Cypress Ridge, LLC ("JTD") via Special Warranty Deed recorded in the Osceola County Official Public Records at Book 4938, Page 1059 (see Doc. 36), and: (1) Plaintiff requested that the Court substitute JTD for Defendant ICI in accordance with Federal Rule of Civil Procedure 71.1(g) ("Substitution Motion"); and (2) Plaintiff served JTD with notice of this action in accordance with Rule 71.1(d)(3). (See Docs. 36 & 37.) On May 20, 2016, Plaintiff and JTD jointly filed a Stipulation for Immediate Possession (Doc. 43), which confirms Plaintiff's right to condemn the subject easements and immediate possession. On May 23, 2016, JTD also attended a hearing in this action. (Doc. 45.) Finally, on May 31, 2016, Plaintiff and JTD jointly moved to dismiss Defendant First Horizon Home Loans in accordance with Rule 71.1(i)(2) ("Motion to Dismiss"). (Doc. 47).
Upon review, the Court agrees with the other judges in the M.D. Courts that Plaintiff's Rule 56 and Rule 65 Motions are due to be granted. See Sabal Trail Transmission, LLC v. +/- 0.9 Acres of Land in Citrus Cnty., Fla., Case No. 5:16-cv-196-Oc-30-PRL, 2016 WL 2997669, at *1 (M.D. Fla. May, 25, 2016); Sabal Trail Transmission, LLC, v. +/- 9.669 Acres of Land in Polk Cnty., Fla., Case No. 8:16-cv-640-T-33-EAP, 2016 WL 2745082, at *1 (M.D. Fla. May 11, 2016). Further, the Court finds that the Substitution Motion and the Motion to Dismiss also are due to be granted.
CONCLUSION
Accordingly, it is hereby ORDERED AND ADJUDGED:
1. Motion for Substitution of Parties and Incorporated Memorandum of Law (Doc. 36) is GRANTED.
2. The Clerk of the Court is DIRECTED to:
a. terminate ICI Orlando Residential Holdings, LLC as a party to this action; and
b. add JTD Land at Cypress Ridge, LLC as a Defendant.
3. Unopposed Joint Motion to Dismiss Defendant First Horizon Home Loans and Memorandum of Law in Support Thereof (Doc. 47) is GRANTED.
4. The Clerk of the Court is DIRECTED to terminate First Horizon Home Loans as a party to this action.
5. Plaintiff's Motion for Partial Summary Judgment Determining the Right to Condemn Easements and Incorporated Memorandum of Law (Doc. 2) is GRANTED.
6. Plaintiff's Motion for Preliminary Injunction for Immediate Possession (Doc. 3) is GRANTED.
7. In accordance with Federal Rule of Civil Procedure 65(e), Plaintiff shall post a security bond in the amount of $36,400.00 with the Clerk of this Court.
8. Upon Plaintiff posting a proper security bond with the Clerk of this Court as required by Paragraph 7 of this Order, the following shall occur:
a. Plaintiff shall have immediate access to, and possession of, the Subject Easements described in the Notice of Condemnation (Doc. 1-5) and incorporated herein; and
b. Plaintiff may immediately begin pre-installation activities so that construction-related activities can commence by June 21, 2016, for the purposes of constructing the Project.
9. All pre-installation and construction-related activities shall be consistent with the FERC Certificate and all other applicable regulatory permits.
DONE AND ORDERED.
