Schroeder v. Seminole County Public Schools School Board et al

Filing 86

ORDER adopting 85 Report and Recommendation of the Magistrate Judge. Defendants Kathy Fredericks, Robin Dehlinger, Shirley Geiss, Sarah Mansur, Siobhan Pitters, Andrew Lorenz, Van Heusen and Seminole County Public Schools School Board's Amended Joint Motion to Dismiss 83 is GRANTED, without prejudice. This aciton is DISMISSED, without prejudice. The Clerk is directed to CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 8/28/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

SUSAN L. SCHROEDER,
Plaintiff,
v.

CASE NO. 6:11-CV-802-Orl-36KRS

SEMINOLE COUNTY PUBLIC SCHOOLS
SCHOOL BOARD, et al.,
Defendants.
/

ORDER
This cause comes before the Court upon the Report and Recommendation of Magistrate
Judge Thomas B. Smith, filed on August 8, 2012 (Doc. 85). In the Report and Recommendation,
the Magistrate Judge recommends that the Court grant Defendants Kathy Fredericks, Robin
Dehlinger, Shirley Geiss, Sarah Mansur, Siobhan Pitters, Andrew Lorenz, Van Heusen and Seminole
County Public Schools School Board’s (collectively, “the Defendants”) Amended Joint Motion to
Dismiss (“Motion to Dismiss”) (Doc. 83). See Doc. 85. Neither party has filed an objection to the
Report and Recommendation and the time to do so has expired.
The Court is in agreement with the Magistrate Judge that Plaintiff Susan L. Schroeder
(“Plaintiff”) has failed to comply with the Court’s Orders. See, e.g., Doc. 75. Accordingly,
Plaintiff’s Complaint is subject to dismissal. However, as the Magistrate Judge notes, dismissal with
prejudice is not appropriate as the record does not support a finding of willful disobedience of the
Court’s Orders, bad faith or other contumacious conduct. See Doc. 85, pp. 4-5. Therefore, after
conducting an independent examination of the file and upon due consideration of the Magistrate

Judge’s Report and Recommendation, the Court accepts the Report and Recommendation in its
entirety.
Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 85) is ADOPTED,
CONFIRMED and APPROVED in all respects and is made a part of this Order for
all purposes, including appellate review.

2.

Defendants Kathy Fredericks, Robin Dehlinger, Shirley Geiss, Sarah Mansur,
Siobhan Pitters, Andrew Lorenz, Van Heusen and Seminole County Public Schools
School Board’s Amended Joint Motion to Dismiss (Doc. 83) is GRANTED, without
prejudice.

3.

This action is DISMISSED, without prejudice. The Clerk is directed to close this
case.

DONE AND ORDERED at Orlando, Florida on August 28, 2012.

COPIES TO:
COUNSEL OF RECORD

-2-