Cabeza et al v. The City of Orlando et al

Filing 41

ORDER adopting 40 REPORT AND RECOMMENDATIONS re 30 Defendants' Motion to Dismiss Luis Fernando Cabeza's Claim Due to His Refusal to Participate in Discovery, or in the Alternative, to Compel the Deposition of Luis Fernando Cabeza, or to Stay the Case. The motion is GRANTED IN PART AND DENIED IN PART. The Clerk is directed to ADMINISTRATIVELY CLOSE the case. Plaintiff is DIRECTED to file a status report on June 22, 2015 and every 90 days thereafter. Signed by Judge Paul G. Byron on 3/24/2015. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

LUIS FERNANDO CABEZA and
MIGUEL CABEZA,
Plaintiffs,
v.

Case No: 6:13-cv-1938-Orl-40TBS

THE CITY OF ORLANDO and
FREDERICK DANTES,
Defendants.
/
ORDER
This cause is before the Court on Defendants' Motion to Dismiss Luis Fernando
Cabeza's Claim Due to His Refusal to Participate in Discovery, or in the Alternative, to
Compel the Deposition of Luis Fernando Cabeza, or to Stay the Case (Doc. 30) filed on
January 16, 2015. The United States Magistrate Judge has submitted a report
recommending that the motion be denied.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed March 3, 2015 (Doc. 40), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Motion to Dismiss Luis Fernando Cabeza's Claim Due to His Refusal

to Participate in Discovery, or in the Alternative, to Compel the Deposition of Luis

Fernando Cabeza, or to Stay the Case (Doc. 30) is DENIED to the extent it seeks
dismissal of this case.
3.

The motion is DENIED to the extent it seeks to compel the deposition of

Plaintiff Luis Fernando Cabeza at this time.
4.

The motion is GRANTED to the extent it seeks to stay this case pending

the resolution of the underlying criminal case.
5.

Plaintiff Luis Fernando Cabeza is DIRECTED to file a status report on June

22, 2015 and every 90 days thereafter, detailing the status of his criminal case.
6.

Defendants’ request for an award of legal expenses pursuant to Federal

Rule of Civil Procedure 37(a)(5) is DENIED.
7.

The Clerk is directed to ADMINISTRATIVELY CLOSE the case.

DONE AND ORDERED in Orlando, Florida on March 24, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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