Blake v. Grant et al

Filing 28

ORDER denying 27 Motion to sanction Plaintiff with involuntary dismissal and oral argument. Signed by Judge Susan C Bucklew on 5/6/2009. (NH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
DENNIS BLAKE, Plaintiff, -vsLEE GRANT JR. and ATLAS VAN LINES, INC., Defendants. _____________________________________/ ORDER This cause comes before the Court on Defendants' motion to dismiss, and to have oral argument on the motion. (Doc. 19.) DISCUSSION Defendants claim that involuntary dismissal is warranted because Plaintiff has perpetrated fraud on the Court. Defendants assert that abundant evidence uncovered in their case investigation contradicts Plaintiff's sworn testimony regarding previous injuries to his knee, back, buttocks, and spine, prior to the accident at issue. Defendants also claim that Plaintiff concealed prior accidents and lawsuits. In response, Defendants ask this Court, based on the contradiction between Plaintiff's statements and Defendants' proffered evidence, to weigh the credibility of the evidence, to find that Plaintiff was deliberately dishonest, and to sanction Plaintiff with dismissal. The Court declines Defendants' invitation to use its considerable discretion to sanction with dismissal, at this juncture. Defendants assert that the evidence in this case is vastly onesided and the dishonesty of Plaintiff's statements is inescapably evident. That may or may not Case No. 8:08-cv-1394-T-24TGW

be, but the Court feels that deciding the outcome of this case based on an evaluation of evidence and witness credibility is best left for settlement, summary judgment, or trial. CONCLUSION Accordingly, it is ORDERED AND ADJUDGED that Defendants' motion to dismiss and for oral argument is DENIED. DONE AND ORDERED this 6th day of May, 2009.

Copies to: Counsel of Record

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