382 results for 'court:"USDC Middle District of Florida"'.
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J. Mizelle largely dismisses the consumer's purported class action against the laptop maker alleging that it overstated the durability of its laptop. The consumer lacks standing to assert the proposed class's claims under other states' consumer fraud statutes or to seek injunctive relief as a remedy for those claims, and his remaining claims are dismissed for failure to state a claim. One warranty count is dismissed as an impermissible shotgun pleading, but may be separated into three different counts in an amended pleading.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 27, 2024, Case #: 8:23cv250, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Class Action
J. Dudek partially grants the employees' motion to certify a class in their proposed class action alleging failures to pay minimum and overtime wages. The employees have shown that there is a desire among other employees to opt in to their suit and that the proposed collective members are similarly situated with regard to their pay provisions and job requirements. A request for expedited discovery, seeking a complete list of people and entities the employers employed to provide security in the relevant job sites, is proper, but a request to toll the statute of limitations to run from the date this action was filed is denied since the existing statute of limitations period is not scheduled to trigger for six months and the employees have not shown that acceleration of that period is necessary.
Court: USDC Middle District of Florida, Judge: Dudek, Filed On: March 26, 2024, Case #: 2:23cv544, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Honeywell grants the insurer's motion for summary judgment in its suit seeking a judgment that it has no duty to defend or indemnify its insureds in an underlying lawsuit and probate claim. An exclusion for claims stemming from alleged activities of an insured in their capacity as a director, partner, trustee, officer or employee of a business enterprise other than the business to which the policy was issued applies to a joint venture that company entered with another company.
Court: USDC Middle District of Florida, Judge: Honeywell, Filed On: March 26, 2024, Case #: 8:22cv106, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Howard grants the employer's motion for summary judgment on the employee's four remaining claims in his employment-discrimination suit, alleging race, sex and color discrimination under Title VII of the Civil Rights Act and retaliation. The employee failed to timely exhaust his administrative remedies for all of these claims. A motion for sanctions brought by the employee is denied, but his motions for judicial notice and clarification are partially granted.
Court: USDC Middle District of Florida, Judge: Howard, Filed On: March 26, 2024, Case #: 3:20cv905, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Employment Discrimination
J. Jung denies the Department of Corrections food service provider's motion to dismiss the diabetic inmate's suit alleging that it has consistently failed to provide diabetic inmates with timely, adequate meals. The inmate has adequately pleaded that the alleged failure to provide meals constitutes deliberate indifference to a serious medical need, and while he has not stated sufficient facts to show that the food service provider has a policy of serving diabetic inmates late, he has pleaded sufficient facts to support the allegation that the meals are calorically and nutritionally deficient. Finally, the prisoner's amended complaint states facts showing the personal involvement of a staff member who responded to the prisoner's grievances in these alleged violations, reviving previously-dismissed claims against that staff member, though the prisoner is cautioned that failure to prove those allegations may result in sanctions.
Court: USDC Middle District of Florida, Judge: Jung, Filed On: March 26, 2024, Case #: 8:23cv26, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Tuite denies the insured's motion for attorneys' fees in the insurers' action against her seeking a judgment regarding their respective liability, if any, stemming from a crash with an underinsured motorist. This court lacks jurisdiction to enter the requested fee award, having already dismissed the instant case.
Court: USDC Middle District of Florida, Judge: Tuite, Filed On: March 26, 2024, Case #: 8:22cv1750, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Dalton grants final approval to a class action settlement and certifies a settlement class in the consumer's suit alleging repeated telephone solicitations made to consumers on the national Do-Not-Call registry. The settlement, which affords $160 to each of the 32,738 putative class members who submits an approved claim, is fair, reasonable and adequate, the class representative and counsel have adequately represented the class and the settlement was negotiated at arm's length.
Court: USDC Middle District of Florida, Judge: Dalton, Filed On: March 25, 2024, Case #: 6:22cv1047, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Settlements, Privacy, Class Action