Therrien v. Dean et al

Filing 31

ORDER: Defendant Robert Campbell's Second Motion to Dismiss for Insufficient Service of Process and Lack of Personal Service 27 is GRANTED based on the parties' stipulation that the audio recording of Mr. Campbell's statements will be admitted into evidence. Defendant Robert Campbell is DISMISSED from this action without prejudice. Signed by Judge James S. Moody, Jr. on 3/27/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
KENNETH THERRIEN,
Plaintiff,
v.

Case No: 5:16-cv-375-Oc-30PRL

EDUARDO BUSTAMANTE-MUNT,
SHERWIN SCOTT, ROBERT
CAMPBELL, WALTER RAY, JOHN
DOES 1-3 and SHERIFF OF MARION
COUNTY, FLORIDA,
Defendants.

ORDER
THIS CAUSE comes before the Court on Defendant Robert Campbell's Second
Motion to Dismiss for Insufficient Service of Process and Lack of Personal Service (Doc.
27), and Plaintiff’s Response (Doc. 28). On March 27, 2017, a telephonic hearing was held
on the Motion during which all Counsel agreed that Defendant Campbell’s testimony was
unnecessary because an audio recording of his statements will be admitted into evidence.
Having considered the Motion, Response, and representations at hearing, it is therefore
ORDERED AND ADJUDGED that:
1.

Defendant Robert Campbell's Second Motion to Dismiss for Insufficient
Service of Process and Lack of Personal Service (Doc. 27) is GRANTED
based on the parties’ stipulation that the audio recording of Mr. Campbell’s
statements will be admitted into evidence.

2.

Defendant Robert Campbell is DISMISSED from this action without
prejudice.

DONE and ORDERED in Tampa, Florida, this 27th day of March, 2017.

Copies furnished to:
Counsel/Parties of Record

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