Harris v. Rambosk et al

Filing 200

ORDER directing the Clerk of Court to enter judgment granting defendant Scott Pepin's MOTION for Summary Judgment 113 as to the statute of limitations issue. See Order for further details. Signed by Judge John E. Steele on 12/30/2020. (TLP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT DALE HARRIS,
Plaintiff,
v.

Case No:

2:18-cv-17-FtM-29MRM

KEVIN
RAMBOSK,
in
his
official capacity as Sheriff
of Collier County, Florida,
KASEY
P.
WINGO,
individually,
MICHAEL
D.
CHAPMAN, individually, SCOTT
PEPIN,
individually,
and
ROSS ANTHONY, individually,
Defendants.
ORDER
This matter comes before the Court on an entry of dismissal
from the United States Court of Appeals for the Eleventh Circuit
(Doc. #198) filed on December 23, 2020, pursuant to defendantappellant Scott Pepin's motion for voluntary dismissal of appeal.
See Fed. R. App. P. 42.
On November 5, 2019, the Court granted in part and denied in
part defendant Pepin’s request for summary judgment.

(Doc. #175.)

On November 7, 2019, Pepin filed a Notice of Interlocutory Appeal
as

to

this

Court’s

Opinion

and

Order

on

Motion

for

Summary

Judgment. (Doc. #184.) Defendant Pepin also sought reconsideration
of the Court’s Order (Doc. #180), which the Court granted on
November 5, 2020.

(Doc. #198.)

Upon reconsideration, the Court

granted Pepin’s Motion for Summary Judgment as to the statute of
limitations issue and directed the Clerk of Court to withhold an
entry of judgment until the case was returned from the Eleventh
Circuit.

(Id.)

In light of the voluntary dismissal of appeal,

the entry granting Pepin’s Motion for Summary Judgment may now be
recorded and defendant Pepin shall be terminated as a defendant in
this case.
Accordingly, it is hereby
ORDERED:
1. The Clerk shall enter judgment GRANTING the Motion for
Summary

Judgment

(Doc.

#113)

as

to

the

statute

of

limitations issue.
2. The Clerk shall terminate defendant Scott Pepin on the
docket, and the case otherwise remains stayed.
DONE and ORDERED at Fort Myers, Florida, this
December, 2020.

Copies:
Counsel of Record

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30th

day of