Sheffield v. Greene et al

Filing 39

ORDER granting 30 Motion for Partial Summary Judgment. Signed by Judge Roy B. Dalton, Jr. on 6/20/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BERLENA SHEFFIELD, AS PERSONAL
REPRESENTATIVE OF THE ESTATE
OF ANDRE D. SHEFFIELD,
Plaintiff,
v.

Case No. 6:17-cv-273-Orl-37KRS

RODRIGUEZ GREENE; KAREN
RAINFORD AKINPELU; VICKIE
DYANNE ALVES; and CHRISTINA
DALY,
Defendants.
ORDER
This matter is before the Court on the Plaintiff’s unopposed Motion for Partial
Summary Judgment (Doc. 30), filed May 5, 2017.
DISCUSSION
Contending that the undisputed record evidence establishes that Plaintiff
complied with Florida’s pre-suit notice requirements, Plaintiff seeks entry of summary
judgment on the First Affirmative Defense asserted by Defendants. (See Doc. 30
(“PSJ Motion”).) Defendants did not file a response to the PSJ Motion in the time
prescribed in the Court’s Case Management and Scheduling Order (“CMSO”). (Doc. 21,
p. 9.) Because the PSJ Motion appeared well-taken, the Court directed that on or before
June 19, 2017, Defendants were to “show cause why the Court should not grant” the
PSJ Motion. (Doc. 36 (“Show Cause Order”).) The Court warned Defendants that if they
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failed to comply with the Show Cause Order, then the Court would “reject Defendants’
First Affirmative Defense and will grant” the PSJ Motion. (Id.) Defendants have not
complied with the Show Cause Order, and the Court finds that the PSJ Motion is due to
be granted.
CONCLUSION
It is ORDERED AND ADJUDGED as follows:
1.

Plaintiff’s unopposed Motion for Partial Summary Judgment (Doc. 30) is
GRANTED.

2.

Pursuant to Federal Rule of Civil Procedure 56(a), summary judgment is
entered against Defendants and in favor of Plaintiff on Defendants’ First
Affirmative Defense (Doc. 27, ¶ 63).

DONE AND ORDERED in Orlando, Florida, this 20th day of June, 2017.

Copies to:
Counsel of Record

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