FRIEBEL et al v. PARADISE SHORES OF BAY COUNTY LLC et al

Filing 72

ORDER denied 65 Motion for Reconsideration. Signed by JUDGE RICHARD SMOAK on 11/3/2010. (sea)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JOSHUA S. FRIEBEL and ELIZABETH F. FRIEBEL, husband and wife, Plaintiffs, vs. CASE NO. 5:10-cv-120/RS-EMT

PARADISE SHORES OF BAY COUNTY, LLC, a Florida limited liability company; ROBERT E. BLACKERBY, an individual; MAGNUM CAPITAL, LLC, a Florida limited liability company; DURDEN ENTERPRISES II, INC., a Delaware corporation; DURDEN ENTERPRISES, LLC, a Florida limited liability company; ESTATE OF KEDRICK EARL DURDEN; MICHAEL EARL DURDEN, as Personal Representative of the Estate of Kedrick Earl Durden; and MH I, LLC, a Florida limited liability company, Defendants. _________________________________________/ ORDER Before me is Defendants Robert E. Blackerby, Magnum Capital, LLC, and MH I, LLC's Motion for Reconsideration (Doc 65). Defendants Blackerby and Magnum Capital have been named in this suit from the beginning--May 2010. Defendant MH I, shares the same address as Defendant Magnum Capital and, thus, has been on notice of this suit for as long. The addition of MH I relates back to the date of the original pleading, Fed. R. Civ. P. 15(c)(1)(C)(ii), providing Movants with ample time to consider the case and their strategy. However, Movants chose to remain silent for more than five

months before seeking to serve a third-party complaint without explaining why such a party is indispensible. The Motion for Reconsideration (Doc 65) is DENIED. ORDERED on November 3, 2010 /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE