Cake v. Casual Concepts, Inc et al

Filing 35

ORDER adopting Report and Recommendations 34 re Motion to Dismiss 22 ; the Report and Recommendation 34 is adopted as the opinion of the Court; Defendants' request for an award of expenses in bringing the motion to compel is GRANTED; Pl aintiff's counsel is required to pay Defendants' counsel $847.80 no later than November 6, 2017; all other requests for an award of expenses are DENIED; Motion to Dismiss 22 is WITHDRAWN; motion for withdrawal of Plaintiff's counsel is DENIED; deadlines will be reset via an amended scheduling order. Signed by Judge Timothy J. Corrigan on 9/6/2017. (JJB)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION CANDI CAKE, Plaintiff, v. Case No. 3:16-cv-102-J-32PDB CASUAL CONCEPTS, INC, RONALD LEGRAND, Individually, and JOHN LONG, Individually, Defendants. ORDER This case is before the Court on Defendants’ Motion to Dismiss (Doc. 22). On August 16, 2017, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 34) recommending that Defendants’ request for an award of expenses in bringing the motion to compel (Doc. 20) be granted, that all other requests for awards of expenses be denied, that the motion to dismiss is deemed withdrawn, and that the request that Plaintiff’s counsel withdraw be denied. No party has filed an objection to the Report and Recommendation, and the time in which to do so has passed. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); M.D. Fla. R. 6.02(a). Upon de novo review of the file and for the reasons stated in the Report and Recommendation (Doc. 34), it is hereby ORDERED: 1. The Report and Recommendation of the Magistrate Judge (Doc. 34) is ADOPTED as the opinion of the Court. 2. Defendants’ request for an award of expenses in bringing the motion to compel (Doc. 20) is GRANTED. Plaintiff’s counsel is required to pay Defendants’ counsel $847.80 in attorney’s fees no later than November 6, 2017. 3. All other requests for an award of expenses are DENIED. 4. Defendants’ Motion to Dismiss (Doc. 22) is deemed WITHDRAWN. 5. Defendants’ oral motion for the withdrawal of Plaintiff’s counsel is DENIED. However, counsel is hereby warned that any unexcused delay in responding to emails, providing discovery, or complying with deadlines may result in an order requiring him to withdraw.1 6. The Court will reset all case deadlines via an amended Case Management and Scheduling Order. Counsel for both parties are reminded to conduct themselves in a manner consistent with the Federal Rules of Civil Procedure, the Local Rules, and the Rules Regulating the Florida Bar. Failure to do so will result in sanctions. 1 2 DONE AND ORDERED in Jacksonville, Florida this 6th day of September, 2017. jjb Copies to: Honorable Patricia D. Barksdale United States Magistrate Judge Counsel of record 3

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