380 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
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
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