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)

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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 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 1 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 2

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