Palermo v. Grunau Company, Inc.

Filing 62

ORDER -- The Court's Summary Judgment Order at Doc. 58 is AMENDED to delete the scrivener's error at paragraph 3 of the decretal directing the Clerk to enter judgment in favor of Plaintiff Antonia Palermo and against Defendant Grunau Co mpany, Inc. on Counts I, II, and III. (Doc. 58, p. 17). The Clerk is directed to VACATE the judgment entered in favor of Plaintiff Antonia Palermo and against Defendant Grunau Company, Inc. as to Counts I, II, and III (Doc. 61). Signed by Judge Roy B. Dalton, Jr. on 11/7/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ANTONIA PALERMO,
Plaintiff,
v.

Case No. 6:15-cv-1375-Orl-37DCI

GRUNAU COMPANY, INC.,
Defendant.
ORDER
This cause is before the Court on its own motion.
On November 4, 2016, the Court granted Defendant’s motion for summary
judgment as to Count IV of the Complaint (“Retaliation Claim”) and denied the motion in
all other respects. (Doc. 58 (“Summary Judgment Order”).) Accordingly, the Court
directed the Clerk to enter judgment in favor of Defendant on the Retaliation Claim. (Id.
at 17.) However, the Summary Judgment Order also mistakenly directed the Clerk to
enter judgment in favor of Plaintiff on her remaining claims for discrimination.
(“Discrimination Claims”).
Under Federal Rule of Civil Procedure 60(a), a court may correct at any time
clerical mistakes in orders that arise from oversight or omission so that the order reflects
the Court’s intent at the time of the ruling. See Weeks v. Jones, 100 F.3d 124, 128
(11th Cir. 1996).
Here, the Court intended only to deny Defendant’s motion for summary judgment
as to Plaintiff’s Discrimination Claims. (Doc. 58, pp. 11–12.) The Court will thus revise the
Summary Judgment Order to match its intent.

Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

The Court’s Summary Judgment Order at Doc. 58 is AMENDED to delete
the scrivener’s error at paragraph 3 of the decretal directing the Clerk to
enter judgment in favor of Plaintiff Antonia Palermo and against Defendant
Grunau Company, Inc. on Counts I, II, and III. (Doc. 58, p. 17).

2.

The Clerk is directed to VACATE the judgment entered in favor of Plaintiff
Antonia Palermo and against Defendant Grunau Company, Inc. as to
Counts I, II, and III (Doc. 61).

3.

The

Court

will

enter

an

amended

summary

judgment

contemporaneously.
DONE AND ORDERED in Chambers in Orlando, Florida, on November 7, 2016.

Copies:
Counsel of Record

2

order