Kennedy v. IMDAD Haider IRA, LLC et al

Filing 23

ORDER adopting 6 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Patricia Kennedy. This case is severed into separate lawsuits. Directions to the Plaintiff and to the Clerk. Signed by Judge Gregory A. Presnell on 4/24/2017. (TKW)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION PATRICIA KENNEDY, Plaintiff, v. Case No: 6:17-cv-454-Orl-31KRS IMDAD HAIDER IRA, LLC, SUTERA RESTAURANTS, INC. and THE SHERWIN-WILLIAMS COMPANY, Defendants. ORDER On March 27, 2017, Magistrate Judge Spaulding entered a Report and Recommendation, sua sponte, recommending that this case be severed into three separate lawsuits (Doc. 6). Plaintiff has objected to the Report and Recommendation (Doc. 16). This Court has reviewed the matter de novo and concurs with Magistrate Judge Spaulding’s recommendation. While joinder might be appropriate under Rule 20 of the Federal Rules of Civil Procedure, it is this Court’s experience that joinder of claims such as these result in delay and inefficiencies. The Court thus exercises its discretion to follow the example of Judge Conway in a similar case, Kennedy v. Skyview Plaza, et al., Case No. 6:16-cv-2128. It is therefore ORDERED that the Report and Recommendation of Judge Spaulding is CONFIRMED and ADOPTED as a part of this Order. It is further ORDERED that: (1) This case is severed into separate lawsuits, as specified below, with the claims Plaintiff asserts jointly against Imdad Haider and Sutera remaining in the instant case; (2) Plaintiff shall file an amended complaint in this case that asserts only the claims she pursues jointly against Imdad Haider and Sutera; (3) Plaintiff shall file separate actions for the remainder of her claims and pay a filing fee for each new case. If Plaintiff continues to assert the claims alleged in the current complaint, the separate actions should be filed as follows: a. One action asserting the claims she pursues jointly against Imdad Haider and Sherwin-Williams; and b. One action asserting only the claims for which Imdad Haider is solely liable (the parking violations identified in Paragraph 28(a)-(e) of the current complaint). (4) The Clerk of Court shall advise chambers when the severed claims are filed as new cases so that the Court may consider whether to consolidate all cases filed pursuant to this Order before the same District Judge and Magistrate Judge. DONE and ORDERED in Chambers, Orlando, Florida on April 24, 2017.   Copies furnished to: Counsel of Record Unrepresented Party -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?