Evelyn Perez v. Lake County Rowing Association et al
Filing
53
ORDER: The Report and Recommendation (Dkt. 48) of the Magistrate Judge is adopted, confirmed, and approved in all respects, and is made a part of this Order for all purposes, including appellate review. Plaintiff's Motion to Dismiss the City of Clermont's Crossclaim against Lake County Rowing Association (Dkt. 31) is denied. Defendant Lake County Rowing Association's Motion to Dismiss the City of Clermont's Crossclaim against Lake County Rowing Association (Dkt. 35) is denied. Defendant Lake County Rowing Association shall file its answer to the crossclaim within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr. on 10/15/2020. (SMB)
Case 5:19-cv-00661-JSM-PRL Document 53 Filed 10/15/20 Page 1 of 2 PageID 241
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
EVELYN PEREZ,
Plaintiff,
v.
Case No: 5:19-cv-661-Oc-30PRL
LAKE COUNTY ROWING
ASSOCIATION and THE CITY OF
CLERMONT, FLORIDA,
Defendants.
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Philip R. Lammens (Dkt. 48) and Defendant Lake County
Rowing Association’s Objections to the Report and Recommendation (Dkt. 52).
After careful consideration of the Report and Recommendation of the Magistrate
Judge, Defendant Lake County Rowing Association’s Objections, and in conjunction with
an independent examination of the file, the Court is of the opinion that the Magistrate
Judge’s Report and Recommendation should be adopted, confirmed, and approved in all
respects.
Specifically, the Court agrees with the Magistrate Judge’s conclusion that the
crossclaim the City filed against LCRA seeking indemnification pursuant to the
Management Agreement between the City and LCRA were timely filed. The Court also
agrees that LCRA’s argument about the applicability of the indemnification clause is
Case 5:19-cv-00661-JSM-PRL Document 53 Filed 10/15/20 Page 2 of 2 PageID 242
premature.
As the Magistrate Judge aptly noted, the City could have a claim for
indemnification against LCRA for the costs it incurred in defending this action if it is
ultimately determined that only LCRA violated its duty under the ADA.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1.
The Report and Recommendation (Dkt. 48) of the Magistrate Judge is
adopted, confirmed, and approved in all respects, and is made a part of this Order for all
purposes, including appellate review.
2.
Plaintiff’s Motion to Dismiss the City of Clermont’s Crossclaim against Lake
County Rowing Association (Dkt. 31) is denied.
3.
Defendant Lake County Rowing Association’s Motion to Dismiss the City
of Clermont’s Crossclaim against Lake County Rowing Association (Dkt. 35) is denied.
4.
Defendant Lake County Rowing Association shall file its answer to the
crossclaim within fourteen (14) days of this Order.
DONE and ORDERED in Tampa, Florida, this 15th day of October, 2020.
Copies Furnished To:
Counsel/Parties of Record
2
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