Paola Canas et al v. Flash Dancers, Inc. et al

Filing 50

ORDER denying in part 39 Plaintiffs' Daubert Motion to Exclude the Opinion and Testimony of Defendants' Experts Darren Franclemont and Mark Zablow; denying 40 Motion for Partial Summary Judgment; denying 41 Consolidated Defendants ' Motion to Exclude the Reports of Plaintiffs' Expert Stephen Chamberlin and Martin Buncher; dismissing Counts V and VI of 30 the Second Amended and Consolidated Complaint. See Order for details. Signed by Judge Timothy J. Corrigan on 9/19/2018. (JJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
PAOLA CANAS, LINA POSADA,
JESSICA BURCIAGA, JAIME
EDMONDSON, and ROSIE JONES,
Plaintiffs,
v.

Case No. 3:16-cv-393-J-32JRK

FLASH DANCERS, INC. and
MICHAEL TOMKOVICH,
Defendants.

ORDER
This case is before the Court on Plaintiffs’ Motion for Partial Summary
Judgment, (Doc. 40), Plaintiffs’ Daubert Motion to Exclude the Opinion and
Testimony of Defendants’ Experts Darren Franclemont and Mark Zablow, (Doc.
39), and Consolidated Defendants’ Motion to Exclude the Reports of Plaintiffs’
Expert Stephen Chamberlin and Martin Buncher, (Doc. 41). The parties
responded to each motion. (Docs. 43; 45; 46). On September 19, 2018, the Court
held a hearing, the record of which is incorporated herein.
For the reasons stated on the record, it is hereby
ORDERED:

1. Plaintiffs’ Motion for Partial Summary Judgment (Doc. 40) is
DENIED.
2. Plaintiffs’ Daubert Motion to Exclude the Opinion and Testimony of
Defendants’ Experts Darren Franclemont and Mark Zablow, (Doc. 39), is
DENIED IN PART and taken under advisement in part. Zablow is
permitted to testify as an expert. If Defendants seek to have Franclemont
testify, he will be required to proffer his testimony outside the presence of the
jury and the Court will make a decision concerning his ability to testify at that
time.
3. Consolidated Defendants’ Motion to Exclude the Reports of Plaintiffs’
Expert Stephen Chamberlin and Martin Buncher, (Doc. 41), is DENIED.
4. At Plaintiffs’ request and with Defendants’ consent, Count V of the
Second Amended and Consolidated Complaint, (Doc. 30), alleging violations of
Florida’s Deceptive and Unfair Trade Practices Act, § 501.204, Fla. Stat. is
DISMISSED.
5. At Plaintiffs’ request and with Defendants’ consent, Count VI of the
Second Amended and Consolidated Complaint, (Doc. 30), alleging Civil Theft in
violation of §§ 812.014 and 772.11, Fla. Stat. is DISMISSED.
6. At the hearing, Plaintiffs disclaimed any attempt to seek punitive
damages on any count.

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7. This case is set to proceed to trial on Counts I–IV, and VII of the Second
Amended and Consolidated Complaint, (Doc. 30). The trial schedule and
coordinating instructions to be issued via a separate order.
DONE AND ORDERED in Jacksonville, Florida this 19th day of
September, 2018.

TIMOTHY J. CORRIGAN
United States District Judge

jb
Copies to:
Counsel of record

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