Bellaire Multifamily Property Management LLC v. Lyndon Southern Insurance Company et al

Filing 61

ORDER AFFIRMING AND ADOPTING IN PART REPORT OF MAGISTRATE JUDGE. ORDER terminating 34 Motion to Dismiss; granting 35 Motion to Change Venue; terminating 51 Motion for Leave to File ; Adopting in Part 58 Report and Recommendations. C losing Case. Motions Terminated: 58 REPORT AND RECOMMENDATIONS re 35 MOTION to Change Venue, 35 MOTION to Change Venue, 34 MOTION to Dismiss, 51 MOTION for Leave to File Second Amended Complaint filed by Bellaire Multifamily Property Management LLC. Signed by Judge Rodney Smith on 3/4/2025. See attached document for full details. (amb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-80820-CIV-SMITH/REINHART
BELLAIRE MULTIFAMILY PROPERTY
MANAGEMENT LLC, on behalf of itself
and all others similarly situated,
Plaintiff,
vs.
LYNDON SOUTHERN INSURANCE
COMPANY, et al.,
Defendants.
/
ORDER AFFIRMING AND ADOPTING IN PART
REPORT OF MAGISTRATE JUDGE
This matter is before the Court upon the Magistrate Judge’s Report and Recommendation
on Defendants’ Motion to Transfer Venue [DE 58] and Plaintiff’s Objections [DE 60]. The Report
and Recommendation recommends granting Defendant’s Motion to Transfer Venue [DE 35] and
denying all remaining motions as moot. Plaintiff does not object to granting the Motion to Transfer
Venue but does object to the denial of its pending Motion for Leave to File Second Amended
Complaint [DE 51]. Plaintiff argues the Motion for Leave to File Second Amended Complaint is
not moot and the transferee court should rule on the motion. While the remaining motions,
including Plaintiff’s Motion for Leave to File Second Amended Complaint, should be terminated
in this Court’s docket upon transfer, these motions are not moot and should remain pending for
the transferee judge to address. Accordingly, having reviewed the Report and Recommendation,
Plaintiff’s Objections, the Motion to Transfer Venue, and the record, it is
ORDERED that:

1)

The Magistrate Judge’s Report and Recommendation on Defendants’ Motion to

Transfer Venue [DE 58] is AFFIRMED and ADOPTED in part.
2)

Defendant’s Motion to Transfer Venue [DE 35] is GRANTED. The Clerk shall

TRANSFER this case to the Middle District of Florida, Jacksonville Division for all further
proceedings.
3)

All pending motions not otherwise ruled upon are TERMINATED.

4)

This case is CLOSED.

DONE and ORDERED in Fort Lauderdale, Florida, this 4th day of March, 2025.

cc:

All Counsel of Record

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