Denson v. Collier County et al, No. 2:2021cv00497 - Document 103 (M.D. Fla. 2022)
Court Description: OPINION and ORDER granting 82 defendant Sheriff Rambosk's Motion for Judgment on the Pleadings Regarding The Only Remaining State Law Claims Against Him (and Memorandum of Law). Signed by Judge John E. Steele on 11/14/2022. (TLP)
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Denson v. Collier County et al Doc. 103 Case 2:21-cv-00497-JES-NPM Document 103 Filed 11/14/22 Page 1 of 3 PageID 846 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ANTHONY DENSON, JR., Plaintiff, v. Case No: 2:21-cv-497-JES-NPM KEVIN RAMBOSK, MATTHEW KINNEY, ALAN FLANAGAN, DAVID MERCADO, JASON BOOTH, RYAN TUTT, NATHAN KIRK, JOESPH AMOROSI, and BARTOLOME AMENGUAL, Defendants. _______________________________ OPINION AND ORDER This matter comes before the Court on review of defendant Sheriff Rambosk’s Motion For Judgment On The Pleadings Regarding The Only Remaining State Law Claims Against Him (And Memorandum of Law) (Doc. #82) filed on October 14, 2022. On November 7, 2022, the Court issued an Order to Show Cause why defendant Sheriff Rambosk’s motion should not be treated as unopposed in light of Plaintiff Anthony Denson, Jr.’s failure to file a response. (Doc. #94.) Plaintiff timely responded to the Order to Show Cause, stating that on November 10, 2022, Plaintiff’s counsel engaged in communication with Defendant’s counsel to discuss the Motion for Dockets.Justia.com Case 2:21-cv-00497-JES-NPM Document 103 Filed 11/14/22 Page 2 of 3 PageID 847 Judgment on the Pleadings1. (Doc. #100, p. 1.) During this time, the parties agreed that each party would bear their own costs and fees associated with the dismissal of Counts 3, 4, 7, 8, and 16 of Plaintiff’s Third Amended Complaint, related to Sheriff Rambosk, contingent upon Plaintiff’s agreement not to oppose the Defendant’s present motion. (Id.) In light of the foregoing, Plaintiff does not oppose Defendant’s motion. (Id.) Accordingly, it is now ORDERED: 1. Defendant Sheriff Rambosk’s Motion For Judgment On Judgment On The Pleadings Regarding The Only Remaining State Law Claims Against Him (And Memorandum of Law) (Doc. #82) is hereby GRANTED as unopposed by Plaintiff Anthony Denson, Jr. 2. Counts 3, 4, 7, 8, and 16 are DISMISSED with prejudice as to Sheriff Rambosk only. 3. The parties shall bear their own costs and fees associated with the dismissal of Counts 3, 4, 7, 8, and 16 of the Third Amended Complaint as they relate to defendant Sheriff Rambosk. Defendant’s motion addressed Counts 3, 4, 7, 8, and 16 of the Third Amended Complaint. (Doc. #82, p. 2.) 1 2 Case 2:21-cv-00497-JES-NPM Document 103 Filed 11/14/22 Page 3 of 3 PageID 848 DONE AND ORDERED at Fort Myers, Florida, this November, 2022. Copies: Counsel of record 3 14th day of
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