Pluviose v. American Coach Lines of Orlando, Inc.

Filing 135

ORDER adopting in part 132 REPORT AND RECOMMENDATION re 125 motion for sanctions. Signed by Judge Gregory A. Presnell on 8/14/2009. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
O RLANDO DIVISION JEAN PLUVIOSE AND OTHERS SIMILARLY SITUATED, Plaintiffs, -vsAMERICAN COACH LINES OF ORLANDO, INC., Defendant. ______________________________________ Case No. 6:08-cv-10-Orl-31KRS

ORDER
On July 31, 2009, Magistrate Judge Spaulding entered a Report and Recommendation (Doc. 132), recommending that Defendant's Motion for Sanctions (Doc. 125) be GRANTED. Plaintiff filed timely objections to the Report (Doc. 133). Defendant responded (Doc. 134). Upon de novo review of the above, the Court generally concurs with the recommendation of the Magistrate Judge. However, the Defendant's motion does not detail any sanctionable conduct on the part of Plaintiffs' counsel, and the motion did not put him on notice that the Defendant sought sanctions against him as well as against his clients. Under these circumstances, it would not be just to impose sanctions against Plaintiffs' counsel. It is, therefore ORDERED that: 1. The Report and Recommendation of the Magistrate Judge is Adopted and

Confirmed in part;

2.

The Defendant's Motion for Sanctions is GRANTED IN PART and DENIED IN

PART, as follows: a. The consents to join filed by the 68 opt-in plaintiffs listed on page 3 of the

Report and Recommendation are hereby STRICKEN, and their claims are DISMISSED WITHOUT PREJUDICE; b. The consents to join filed by the 54 opt-in plaintiffs listed on page 4 of the

Report and Recommendation are hereby STRICKEN, and their claims are DISMISSED WITHOUT PREJUDICE; c. The consents to join filed by Scott Peters, Carol Robinson, Shaikh A.

Karim, Exilien Predelus and Ernest Lewis are hereby STRICKEN, and their claims are DISMISSED WITHOUT PREJUDICE. The Defendant may file a renewed motion for sanctions as to Marcelin Blaise, Enrique Cruz, Carl Jacques, and Justin Pierre after conferring with counsel for Plaintiffs in a good faith effort to resolve the question of whether the supplemental responses to discovery were sufficient; d. The 68 opt-in plaintiffs listed on page 3 of the Report and Recommendation,

the 54 opt-in plaintiffs listed on page 4 of the Report and Recommendation, Scott Peters, Carol Robinson, Shaikh A. Karim, Exilien Predelus and Ernest Lewis are ORDERED, jointly and severally, to pay the reasonable expenses incurred by the Defendant in filing the motion to compel (Doc. 104) and the motion for sanctions (Doc. 125). The Defendant is directed to file an

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accounting of those fees and expenses on or before August 28, 2009. Counsel for Plaintiffs may file an objection as to the reasonableness of that accounting on or before September 11, 2009. DONE and ORDERED in Chambers, Orlando, Florida on August 14, 2009.

Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party

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