Gaffney et al v. Ficarrotta et al

Filing 107

ORDER: (1) The Report and Recommendation of the Magistrate Judge 104 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) The Motion to Quash Service and Dism iss Complaint for Failure to Timely Serve Defendants Michael R. Kangas, Phillip A. Baumann, and Baumann Kangas, P.A. 84 is GRANTED. (3) Plaintiffs' claims against Defendants Michael R. Kangas, Phillip A. Baumann, and Baumann Kangas, P.A. are dismissed without prejudice. (4) The Clerk is directed to terminate Defendants Michael R. Kangas, Phillip A. Baumann, and Baumann Kangas, P.A. as parties to this case. Signed by Judge Charlene Edwards Honeywell on 8/1/2022. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TERESA M. GAFFNEY and SARAH
K. SUSSMAN,
Plaintiffs,
v.

Case No: 8:21-cv-21-CEH-CPT

RONALD FICARROTTA, PAUL
HUEY, REX BARBAS, CAROLINE
TESCHE ARKIN, HILLSBOROUGH
COUNTY, RONALD FICARROTTA,
PAUL HUEY, REX BARBAS,
CAROLINE TESCHE ARKIN,
PHILLIP A BAUMANN, MICHAEL
R KANGAS, CHAD CHRONISTER,
JONATHON CARLTON, GARY
HARRIS, JASON G GORDILLO,
PHILLIP A. BAUMANN, P.A. and
HILLSBOROUGH COUNTY
SHERIFF’S OFFICE,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed
by Magistrate Judge Christopher P. Tuite on July 12, 2022 (Doc. 104). In the Report
and Recommendation, Magistrate Judge Tuite recommends that the Court (1) grant
the Lawyer Defendants’ Motion to Quash Service and Dismiss Complaint for Failure
to Timely Serve [Them] and (2) dismiss the pending claims against the Lawyer
Defendants without prejudice. All parties were furnished copies of the Report and

Recommendation and were afforded the opportunity to file objections pursuant to 28
U.S.C. § 636(b)(1). No such objections were filed.
Upon consideration of the Report and Recommendation, and upon this Court's
independent examination of the file, it is determined that the Report and
Recommendation should be adopted. Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 104) is
adopted, confirmed, and approved in all respects and is made a part of
this Order for all purposes, including appellate review.

(2)

The Motion to Quash Service and Dismiss Complaint for Failure to
Timely Serve Defendants Michael R. Kangas, Phillip A. Baumann, and
Baumann Kangas, P.A. (Doc. 84) is GRANTED.

(3)

Plaintiffs’ claims against Defendants Michael R. Kangas, Phillip A.
Baumann, and Baumann Kangas, P.A. are dismissed without prejudice.

(4)

The Clerk is directed to terminate Defendants Michael R. Kangas, Phillip
A. Baumann, and Baumann Kangas, P.A. as parties to this case.

DONE AND ORDERED at Tampa, Florida on August 1, 2022.

Copies to:
The Honorable Christopher P. Tuite
Counsel of Record

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