Woodbeck v. Rosie's Cafe & Grill, Inc. et al

Filing 19

ORDERED: The Court STRIKES nonparty Eugene Gavin's letter (Doc. 18). Signed by Judge Sheri Polster Chappell on 2/17/2021. (AEH)

Case 2:20-cv-00846-SPC-NPM Document 19 Filed 02/17/21 Page 1 of 2 PageID 74

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PATRICIA WOODBECK, for
herself and on behalf of those
similarly situated
Plaintiff,
v.

Case No: 2:20-cv-846-SPC-NPM

ROSIE’S CAFE & GRILL, INC.,
JOANNE FITZGERALD and
IRVING GAVIN,
Defendants.
/
ORDER1
Before the Court is a letter sent by Eugene Gavin (a nonparty) asking
the Court to dismiss this case against his son Defendant Irving Gavin, who
passed away a few weeks ago (Doc. 18). It is improper for anyone to file letters
requesting relief. Local Rule 3.01(j). What’s more, the Court cannot simply
dismiss defendants from an action based on letters sent by nonparties. So the
letter is struck from the docket. Yet the letter notifies Plaintiff and the other
Defendants of Irving Gavin’s death. So the parties should take note and file

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Case 2:20-cv-00846-SPC-NPM Document 19 Filed 02/17/21 Page 2 of 2 PageID 75

any necessary dismissal or substitution. See Fed. R. Civ. P. 25(a) (governing
the proper procedure following a party’s death).
Accordingly, it is now
ORDERED:
The Court STRIKES nonparty Eugene Gavin’s letter (Doc. 18).
DONE and ORDERED in Fort Myers, Florida on February 17, 2021.

Copies: All Parties of Record

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