Miller et al v. The City of Fort Myers et al

Filing 46

ORDER denying without prejudice 18 Defendants' Motion to Dismiss. The parties must file a status update on settlement on or before December 3, 2018. Defendants must file an answer or renewed response to the Amended Complaint on or before December 17, 2018. Signed by Judge Sheri Polster Chappell on 10/24/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DERETHA MILLER, LUETRICIA
FREEMAN BECKER, RALPH HENRY,
NOEMY RODRIGUEZ and TAMBITHA
BANKS, individually, and on behalf of a
class of persons similarly situated
Plaintiffs,
v.

Case No: 2:18-cv-195-FtM-38CM

THE CITY OF FORT MYERS,
RANDALL P. HENDERSON, JR.
and SAEED KAZEMI,
Defendants.
/
ORDER1
Before the Court is the parties’ Joint Notice of Status of Settlement Negotiations.
(Doc. 45). The parties have potentially resolved Plaintiffs’ Resource Conservation and
Recovery Act (“RCRA”) claims,2 while Plaintiffs’ other six claims remain pending. The
parties are finalizing an acceptable settlement agreement.

They hope to have the

agreement finalized within the next thirty days.

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2 Counts 1 and 2 in the Amended Complaint. (Doc. 14).

Before the Court is also Defendants’ Motion to Dismiss one of Plaintiffs’ RCRA
claims. (Doc. 18). Because the parties have potentially resolved Plaintiffs’ RCRA claims,
the Court denies without prejudice Defendants’ motion. See Fed. R. Civ. P. 1 (stating the
rules should secure a “just, speedy, and inexpensive determination” of this action). This
will preserve judicial resources in not addressing claims and arguments that have been
resolved. It will also give the parties the opportunity to finalize their settlement agreement
and narrow the focus of their dispute. Defendants may then file a renewed motion to
dismiss or an answer to the Amended Complaint.
Accordingly, it is now
ORDERED:
1. The parties must file a status update on settlement on or before December
3, 2018.
2. Defendants’ Motion to Dismiss (Doc. 18) is DENIED without prejudice.
3. Defendants must file an answer or renewed response to the Amended
Complaint on or before December 17, 2018.
DONE and ORDERED in Fort Myers, Florida this 24th day of October 2018.

Copies: All Parties of Record

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