382 results for 'court:"USDC Middle District of Florida"'.
J. Corrigan, in an order applied to several different and otherwise apparently unconnected personal-injury cases with disputes over whether the amount in controversy exceeds the $75,000 minimum for federal courts to exercise diversity jurisdiction, finds that the estimates of amounts in controversy required by Florida's civil cover sheet on its own are not sufficient to satisfy a defendant's burden to demonstrate that the minimum amount in controversy is satisfied by a preponderance of the evidence. One of the four cases is remanded after application of this principle. Jurisdiction has been properly invoked in another, and the defendants in the two remaining cases are ordered to file jurisdictional supplements.
Court: USDC Middle District of Florida, Judge: Corrigan, Filed On: March 25, 2024, Case #: 3:23cv869, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Jurisdiction
J. Mizelle overrules and denies the judgment holder's objections to several orders by a magistrate judge in his action alleging efforts to evade enforcements of his judgment, and adopts the magistrate judge's report and recommendation resolving the parties' cross-motions for summary judgment. The judgment holder has not shown that a denial of a discovery request substantially harmed his case, nor that his proposed discovery was relevant and proportional. As to a second discovery request, the judgment holder has not shown that he had any right to more documents than the defendants produced, and his objections to a protective order were mooted along with the order itself. His objections to an order granting the defendants' motion to compel are also moot, and the magistrate judge correctly found that the defendants did not breach a confidentiality provision in the parties' agreement.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 25, 2024, Case #: 8:20cv936, NOS: Fair Labor Standards Act - Labor, Categories: Enforcement Of Judgments, Discovery, Contract
J. Antoon denies the employee's motion to transfer venue and stay proceedings in the employer's suit against him alleging misappropriation of trade secrets and breaches of his employment contract. The forum-selection clause in the contract was reasonably communicated to the employee and therefore is not invalid for overreaching, nor would enforcement of the clause contravene strong public policies of Florida. While the employee worked for the employer in, and now works for another employer around, Indianapolis, the localized nature of the controversies does not outweigh the forum-selection clause.
Court: USDC Middle District of Florida, Judge: Antoon, Filed On: March 25, 2024, Case #: 6:23cv2338, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Venue
J. Sneed partially grants the father's motion for a temporary restraining order against the mother in his suit seeking their child's return to their home country of Chile. The father has sufficiently established that he is likely to succeed on the merits of his petition, and that he would suffer an immediate and irreparable injury absent a restraining order. He has not, however, demonstrated sufficient facts to warrant the immediate arrest of the child and removal from the mother's custody.
Court: USDC Middle District of Florida, Judge: Sneed, Filed On: March 22, 2024, Case #: 6:24cv542, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
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J. Davis partially grants the prison officials' motion for summary judgment on the prisoner's claims against them. The officials are entitled to Eleventh Amendment immunity on a request for monetary damages, and a failure-to-intervene claim against a corrections officer who allegedly observed her husband and another officer attacking the prisoner fails because the prisoner was not in a position, according to video evidence, to see whether the officer was watching. Other claims against the officer survive.
Court: USDC Middle District of Florida, Judge: Davis, Filed On: March 22, 2024, Case #: 3:22cv298, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Jung finds in favor of the driver in her civil rights complaint alleging she was falsely arrested for a DUI. Video evidence shows that the officer did not properly administer the field sobriety tests. Furthermore, the driver spoke clearly, was steady on her feet, and told the officer that she only had two to three alcoholic ciders over the course of 6.5 hours. A reasonable officer would not not believe that the driver was impaired.
Court: USDC Middle District of Florida, Judge: Jung, Filed On: March 18, 2024, Case #: 8:22cv2356, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Byron denies UPS's motion to dismiss the package car driver's complaint that he was wrongfully fired after he filed grievances alleging discrimination. Although UPS claims the driver was fired for not complying with a recommended treatment plain for his mental health, the driver claims that UPS failed to instruct him on how he was noncompliant and provided him with inaccurate information. A reasonable jury could find that UPS's failure to provide the driver with accurate information led to his noncompliance.
Court: USDC Middle District of Florida, Judge: Byron, Filed On: March 15, 2024, Case #: 6:22cv622, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation