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Al-Rayes v. Willingham

United States District Court, M.D. Florida, Jacksonville Division

June 7, 2017

ABDULLAH M. AL-RAYES, et al., Plaintiff,
v.
ERIKA M. WILLINGHAM, Individually and as Trustee of the Erika M. Willingham Trust, Defendant.

          ORDER

          MARCIA MORALES HOWARD UNITED STATES DISTRICT JUDGE

         THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 144; Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on May 17, 2017. In the Report, Judge Toomey recommends that Defendant Erika M. Willingham's Motion to Dismiss Plaintiffs' Third Amended Complaint With Prejudice (Dkt. No. 106; Motion to Dismiss) be denied. See Report at 1, 12. Neither party has filed objections to the Report, and the time for doing so has now passed.

         The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific objections to findings of fact are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615 at *1 (M.D. Fla. May 14, 2007).

         Upon independent review of the file and for the reasons stated in the Magistrate Judge's Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge.

         Before doing so, the Court notes that in Defendant's Motion for Summary Judgment (Dkt. No. 128; Motion for Summary Judgment), Defendant incorporates by reference the arguments raised in the Motion to Dismiss. See Motion for Summary Judgment at 8. This is improper, and therefore, the Motion for Summary Judgment is due to be stricken.[1]The Court will allow Defendant the opportunity to file a proper self-contained motion for summary judgment. However, in light of this, the undersigned finds it necessary to continue the final pretrial conference and trial in this matter.

         In light of the foregoing, it is hereby

         ORDERED:

         1. The Magistrate Judge's Report and Recommendation (Dkt. No. 144) is ADOPTED as the opinion of the Court.

         2. Defendant Erika M. Willingham's Motion to Dismiss Plaintiffs' Third Amended Complaint With Prejudice (Dkt. No. 106) is DENIED.

         3. Defendant's Motion for Summary Judgment (Dkt. No. 128) is STRICKEN.

         4. Defendant shall have up to and including June 27, 2017, to file a proper self-contained motion for summary judgment, which shall not exceed thirty (30) pages. Plaintiffs shall have up to and including July 11, 2017, to file a response, which shall not exceed twenty-five (25) pages. Defendant may file a reply no later than July 21, 2017, and Plaintiffs may file a sur-reply no later than July 31, 2017. The reply and sur-reply shall not exceed ten (10) pages each.

         5. The following deadlines shall apply:

All Other Motions Including Motions In Limine

NOVEMBER 27, 2017

Responses to All Other Motions Including Motions In Limine

DECEMBER 11, 2017

Joint Final Pretrial Statement

DECEMBER 11, 2017

Final Pretrial Conference Dated:

Time:

Judge:

DECEMBER 18, 2017

10:00 A.M.

Marcia Morales Howard

Trial Term Begins [Trials Before Magistrate Judges Begin on Date Certain]

JANUARY 2, 2018

Estimated Length of Trial

4-5 days

Jury/Non-Jury

Jury


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