Kennedy v. JPPG, LLC. et al

Filing 16

ORDER adopting 7 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Patricia Kennedy and overruling 15 objection: (1)This case is severed into separate lawsuits, as specified below, with the claims Plaintiff asserts jointly against Sun crest Plaza and Cerrato's Italian Market remaining in the instant case;(2)Plaintiff shall file an amended complaint in this case by May 19, 2017, that asserts only the claims she pursues jointly against Suncrest and Cerrato's;(3)If Plaintif f wishes to proceed with the remainder of her claims, she must file separate actions and pay the filing fee for each new case. 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. Signed by Judge Gregory A. Presnell on 5/10/2017. (TKW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PATRICIA KENNEDY,
Plaintiff,
v.

Case No: 6:17-cv-547-Orl-31KRS

JPPG, LLC., ARKE, INC. and JAO THAI
KITCHEN, INC.,
Defendants.

ORDER
This matter is before the Court on the Plaintiff’s Objection (Doc. 15) to the Report and
Recommendation of Judge Spaulding (Doc. 7).
In her Report, Judge Spaulding recommended that Plaintiff’s claims be severed into
separate lawsuits. This recommendation is based on her conclusion that joinder under Rule
20(a)(2)(A) is not warranted because all of these claims do not arise out of the same transaction,
occurrence, or series of transactions or occurrences, and because in any event, joinder would
create the potential for prejudice, expense, or delay.
After de novo review, the Court concurs with the Report and Recommendation. It is,
therefore
ORDERED that Plaintiff’s objection is overruled and the Report and Recommendation of
Judge Spaulding is CONFIRMED and ADOPTED as a part of this Order.
In accordance with the Report and Recommendation, it is further ORDERED that:
(1) This case is severed into separate lawsuits, as specified below, with the claims Plaintiff
asserts jointly against Suncrest Plaza and Cerrato’s Italian Market remaining in the

instant case;
(2) Plaintiff shall file an amended complaint in this case by May 19, 2017, that asserts only
the claims she pursues jointly against Suncrest and Cerrato’s;
(3) If Plaintiff wishes to proceed with the remainder of her claims, she must file separate
actions and pay the filing fee for each new case. 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 May 9, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Party

-2-