W.G. Yates & Sons Construction Co. and Affiliated Companies v. Ryals et al

Filing 41

ORDER granting 35 the plaintiff's motion for leave to amend the complaint and ordering the defendants to respond by 10/25/2019, granting in part 34 the motion to compel and directing the defendants to respond to outstanding discovery by 10/25/2019, and denying 12 the motion to dismiss. See order for further details. Signed by Magistrate Judge Patricia D. Barksdale on 10/9/2019. (ASL)

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United States District Court Middle District of Florida Jacksonville Division W.G. YATES & SONS CONSTRUCTION CO. AND AFFILIATED COMPANIES, Plaintiff, v. NO. 3:19-cv-383-J-32PDB RACHEL RYALS & JONATHAN J. LUCA, Defendants. Order On October 7, 2019, the Court conducted a hearing on the plaintiff’s motions to compel and for leave to amend the complaint, Docs. 34, 35, and the order to show cause and response, Docs. 32, 37. For the reasons stated on the record, the Court (1) granted the motion for leave to amend the complaint, directed the plaintiff to file the third amended complaint as a standalone document by October 8, 2019, and ordered the defendants to respond to the third amended complaint by October 25, 2019; (2) directed the plaintiff to provide a draft protective order by October 8, 2019; and (3) granted in part the motion to compel and directed the defendants to respond to the outstanding discovery by October 25, 2019, in accordance with representations made at the hearing. The Court deferred ruling on expenses. As part of their response to outstanding discovery, subject to the separately entered protective order, the defendants must produce a copy of the settlement agreement or agreements between Rachel Ryals and the defendants in the personal injury action arising from her automobile accident in December 2015. In light of the new pleading, the motion to dismiss the previous pleading, Doc. 12, is denied. Ordered in Jacksonville, Florida, on October 9, 2019. c: Counsel of Record 2

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