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)

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

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