Kennedy v. Rocket Liquors, Inc. et al

Filing 35

ORDER granting in part and denying in part 34 motion to dismiss; terminating 24 Motion for Sanctions. Signed by Judge Roy B. Dalton, Jr. on 8/15/2017. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION PATRICIA KENNEDY, Plaintiff, v. Case No. 6:17-cv-548-Orl-37DCI ROCKET LIQUORS, INC.; WYNFIELD’S SPORTS BAR, INC.; and SMOKETOWN, INC., Defendants. _____________________________________ ORDER In the instant action, Defendants previously moved for sanctions against Plaintiff based on her failure to comply with the Court’s deadline for producing an expert report. (Doc. 24 (“Motion for Sanctions”).) The Undersigned referred the motion and, on Friday, August, 11, 2017, U.S. Magistrate Judge Daniel C. Irick held a hearing on the Motion for Sanctions. (Doc. 33.) Following the hearing, counsel for Defendants informed the Court by telephone that the parties had reached a settlement. Defendants now move to dismiss the case with prejudice. (Doc. 34 (“MTD”).) In the MTD, Defendants also request that the Court order Plaintiff to pay defense counsel the sum of $1,500.00 in attorney’s fees and $375 for expert costs within ten days. (Id.) Defendants represent that the parties have agreed to the foregoing relief. (Id.) In light of the unopposed nature of the MTD, and Defendant’s likelihood of success on the pending Motion for Sanctions, the Court finds that the MTD is due to be -1- granted in part under Federal Rule of Civil Procedure 41(a)(2). Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Defendants’ Unopposed Motion to Dismiss Case with Prejudice and Award Fees and Costs (Doc. 34) is GRANTED IN PART AND DENIED IN PART. a. This action is DISMISSED WITH PREJUDICE, subject to the right of any party to move to reopen the case within fourteen days to assert non-compliance with this Order. The Court otherwise declines to retain jurisdiction to enforce the terms of the parties’ agreement. b. On or before Friday, August 25, 2017, Plaintiff is DIRECTED to pay defense counsel $1,500.00 in attorney’s fees and $375 in expert costs. 2. The Clerk is DIRECTED to terminate all pending motions and close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on August 15, 2017. Copies to: -2- Counsel of Record -3-

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