McNair v. TrueCore Behavioral Solutions, LLC et al

Filing 117

ORDER denying 93 Motion for Default Final Judgment. Signed by Judge Beth Bloom on 9/29/2022. See attached document for full details. (jas)

Case 1:21-cv-24094-BB Document 117 Entered on FLSD Docket 09/15/2022 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 21-cv-24094-BLOOM/Otazo-Reyes
GENEVA MCNAIR, individually and as
guardian ad litem for KEM, a minor,
Plaintiff,
v.
TRUECORE BEHAVIORAL SOLUTIONS
LLC, et al.,
Defendants.
___________________________________/
ORDER ON MOTION FOR DEFAULT FINAL JUDGMENT
THIS CAUSE is before the Court upon the Motion for Default Final Judgment, ECF No.
[93] (the “Motion”), filed by Plaintiff Geneva McNair, individually and as guardian ad litem for
KEM (“Plaintiff”). Defendants Florida Department of Juvenile Justice (“FDJJ”) and TrueCore
Behavioral Solutions, LLC (“TrueCore”) filed a Response. ECF No. [95]. The Court has reviewed
the Motion, the Response, the record in this case, the applicable law, and is otherwise fully advised.
For the reasons that follow, the Motion is denied.
On February 25, 2022, Plaintiff filed a Second Amended Complaint, ECF No. [44]
(“SAC”), against Defendants Javontate Richardson (“Richardson”), TrueCore, FDJJ, and FDJJ’s
Secretary. The SAC consists of six Counts, all of which relate to a sexual assault that Richardson
allegedly committed against KEM while she was a detainee at the Miami Girls Facility. Id.
On May 12, 2022, Plaintiff filed a Return of Service, indicating that Richardson was
personally served on May 9, 2022. ECF No. [73-1]. On June 2, 2022, the Court ordered Richardson
to respond to the SAC no later than June 8, 2022. ECF No. [75]. Richardson did not respond, and

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Case No. 21-cv-24094-BLOOM/Otazo-Reyes
the Clerk entered a default against him on June 15, 2022. ECF No. [87].
On June 16, 2022, the Court issued its Order on Default Judgment Procedure. ECF No.
[88]. Therein, the Court ordered Plaintiff to file one of two responses: a Motion for Default Final
Judgment, or a Notice of Joint Liability. Id. at 1-2. The Order advised that a Motion for Final
Judgment is appropriate only “[w]here there is only one Defendant, or where there are multiple
Defendants, but no allegations of joint and several liability[.]” Id. at 1 (footnote call number
omitted). It further instructed that, “[i]f there are multiple Defendants, Plaintiff must state in the
Motion for Default Final Judgment that there are no allegations of joint and several liability and
set forth the basis why there is no possibility of inconsistent liability.” Id. at 1 n.1.
On July 7, 2022, Plaintiff filed the instant Motion for Default Final Judgment. ECF No.
[93]. Despite the existence of multiple Defendants in this case, that Motion does not address the
issues of joint and several liability, nor does it “set forth the basis why there is no possibility of
inconsistent liability.” ECF No. [88] at 1 n.1. Plaintiff’s Motion therefore failed to comply with
the Court’s Order, ECF No. [88]. Moreover, a review of the SAC plainly reveals that Plaintiff
seeks to hold the Defendants jointly and severally liable.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Plaintiff’s Motion for Default Final Judgment, ECF No. [93], is DENIED without
prejudice.
2. Plaintiff shall file a Notice of Joint Liability, in accordance with the Court’s Order on
Default Judgment Procedure, ECF No. [88], no later than September 29, 2022.

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Case 1:21-cv-24094-BB Document 117 Entered on FLSD Docket 09/15/2022 Page 3 of 3
Case No. 21-cv-24094-BLOOM/Otazo-Reyes
DONE AND ORDERED in Chambers at Miami, Florida, on September 15, 2022.

_________________________________
BETH BLOOM
UNITED STATES DISTRICT JUDGE

Copies to:
Counsel of Record
Javonte Jamarie Richardson
4121 NW 3rd Ave
Miami, FL 33127

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