Rodrique, et al v. Eckerd Corporation, et al

Filing 279

ORDER: The February 7, 2006 Order on summary judgment is amended to delete the language on page 45 in instruction # 5 stating, "and to Close the Rodrique case." The Clerk is directed to re-open the case of Rodrique v. Eckerd Corporation, case 2-03-cv-519-FtM-33SPC. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/9/2006. (kak)

Rodrique, et al v. Eckerd Corporation, et al

Doc. 279

Case 2:03-cv-00519-VMC-SPC

Document 279

Filed 02/09/2006

Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LANCE TEBLUM, BERNADETTE TEBLUM, JOYCE BRINDLE, f/k/a Joyce Cunliffe, NANCY CIVITARESE, et. al., Plaintiffs, vs. ECKERD CORPORATION OF FLORIDA, INC., and ECKERD CORPORATION, Defendants. _____________________________________/ ORDER This matter comes before the Court sua sponte. In an Order Case No. 2:03-cv-495-FtM-33DNF

dated February 7, 2006, this Court denied Defendant's summary judgment motions in both the Teblum and Rodrique cases. (Doc. # 735). Inadvertently, in its direction to the Clerk on page 45 of

the Order (instruction # 5), the Court directed the Clerk to close the Rodrique case. (Doc. # 735 at 45). The Court's direction to

the Clerk to close the Rodrique case was entered due to a clerical mistake. Rule 60(a), Fed.R.Civ.P., states in pertinent part,

"Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party . . . ." The Court now corrects the order dated February 7, 2006 (Doc. # 735) and deletes the language in instruction # 5 stating, "and to

Dockets.Justia.com

Case 2:03-cv-00519-VMC-SPC

Document 279

Filed 02/09/2006

Page 2 of 2

Close the Rodrique case." Accordingly, it is now ORDERED, ADJUDGED, and DECREED: 1. The February 7, 2006 (Doc. # 735) Order is amended to delete the language on page 45 in instruction # 5 stating, "and to Close the Rodrique case." 2. The Clerk is directed to re-open the case of Rodrique v. Eckerd Corporation, case 2-03-cv-519-FtM-33SPC. 3. The Clerk is directed to file this Order in the case of Rodrique v. Eckerd Corporation, case 2-03-cv-519-FtM33SPC. DONE and ORDERED in Chambers in Ft. Myers, Florida, this 9th day of February, 2006.

Copies: All Counsel of Record

2