Fluid Dynamics Holdings, LLC v. City of Jacksonville et al

Filing 75

ORDER AND FINAL JUDGMENT granting 68 JEA's motion for summary judgment; entering judgment in favor of JEA and against Fluid Dynamics; lifting the stay; terminating all deadlines and motions, and directing the Clerk to close the file. Signed by Judge Timothy J. Corrigan on 2/20/2018. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
FLUID DYNAMICS HOLDINGS, LLC,
a Delaware Limited Liability Company,
Plaintiff,
v.

Case No. 3:14-cv-1454-J-32MCR

CITY OF JACKSONVILLE, a Florida
municipality and JACKSONVILLE
ELECTRIC AUTHORITY, a body
politic and corporate created by the
Charter of the City of Jacksonville,
Florida,
Defendants.

ORDER AND FINAL JUDGMENT
This case is before the Court on Defendant Jacksonville Electric Authority’s
(“JEA”) Motion for Summary Final Judgment. (Doc. 68). Plaintiff Fluid Dynamics
Holdings, LLC filed a response. (Doc. 69).
On August 29, 2017, the Court found as a matter of law that JEA is entitled to
sovereign immunity in this action because it is a “governmental unit acting as an
instrumentality of the City of Jacksonville.” (Doc. 63 at 14). Under Florida law, a
plaintiff must provide pre-suit notice to the Florida Department of Financial Services
in addition to presenting pre-suit notice to the relevant agency. Fla. Stat.
§ 768.28(6)(a). Fluid Dynamics concedes that it did not provide pre-suit notice to the
Department of Financial Services. (Doc. 69 at 5). However, if, contrary to the Court’s

Order, JEA is not entitled to sovereign immunity, Fluid Dynamics was not required
to provide pre-suit notice to the Department of Financial Services.
JEA now requests that the Court enter summary judgment in its favor on all
counts due to Fluid Dynamics’s failure to provide pre-suit notice. (Doc. 68 at 6). Fluid
Dynamics also requests that the Court enter a final judgment in JEA’s favor so it may
appeal the Order finding that JEA is entitled to sovereign immunity. (Doc. 69 at 5).
Accordingly, it is ORDERED AND ADJUDGED that:
1. Defendant Jacksonville Electric Authority’s Motion for Summary Final
Judgment (Doc. 68) is GRANTED.
2. Judgment is entered in favor of Defendant Jacksonville Electric
Authority and against Plaintiff Fluid Dynamics Holdings, LLC.
3. The stay imposed on December 11, 2017 is lifted.
4. All deadlines and motions are terminated, and the Clerk should close the
file.
DONE AND ORDERED in Jacksonville, Florida the 20th day of February,
2018.

sj
Copies:
Counsel of record

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