PREYER v. MCNESBY

Plaintiff: J V PREYER
Defendant: RON MCNESBY
Case Number: 3:2008cv00247
Filed: June 13, 2008
Court: Florida Northern District Court
Office: Pensacola Office
County: Escambia
Referring Judge: MILES DAVIS
Presiding Judge: M CASEY RODGERS
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Plaintiff

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Date Filed#Document Text
June 5, 2009 141 Opinion or Order of the Court ORDER LIFTING STAY - 1. The motion to dismiss Count I of the amended complaint filed by Margaret Grice (doc. 84 ) is GRANTED. 2. The motions to dismiss Count I of the amended complaint filed by Trudy Burden; Piotr Sz murlo, M.D.; Mary Davis; Lynn Laird; and Cabot White (docs. 82 , 83 , 86 , 87 , and 88 ) are DENIED. 3. The motion to dismiss Count III of the amended complaint filed by Prison Health Services, Inc. (doc. 90 ) is DENIED, as moot. 4.< /B> The joint motion to dismiss Count II of the amended complaint filed by Ronald Hankinson; David Phillips; Joseph Lamar Brazwell, Jr.; John Covotta; and Shaun White (doc. 91 ) is DENIED. As to Ron McNesby and Barbara Wertz, the joint motion to dis miss Count III is DENIED, as moot. 5. Plaintiff shall have (20) days from the date of this order in which to file a second amended complaint. As provided in Fed.R.Civ.P. 15(a)(3), after service of the second amended complaint the defendants sh all have (10) days in which to respond. 6. Any requests by the parties for costs incurred in connection with filing their motions and/or response are DENIED. 7. The clerk shall terminate the motion to dismiss filed by defendant Gregory (doc. 85 ). 8. The docket shall reflect that Sheriff David Crosby has been substituted for former Sheriff Ron McNesby, in his official capacity only. 9. The stay entered August 25, 2008, is LIFTED. Upon entry of the instant order on the docket the clerk shall refer this case to chambers for issuance of a revised scheduling order. (Second Amended Complaint due by 6/25/2009.) Signed by District Judge M CASEY RODGERS on 6/5/2009. (djb)
June 8, 2009 142 Opinion or Order of the Court ORDER CORRECTING SCRIVENER'S ERROR - The court notes the order on defendants' motions to dismiss entered this date contains a typographical error on page 16, paragraph 8. (See doc. 141 ). Sheriff David Morgan is the current Sheriff of Escambia County. Accordingly, the specific language contained in paragraph 8 of the order is amended as follows: The docket shall reflect that Sheriff David Morgan has been substituted for former Sheriff Ron McNesby, in his official capacity only. Signed by District Judge M CASEY RODGERS on 6/8/2009. (djb)
August 25, 2009 160 Opinion or Order of the Court ORDER OF DISMISSAL - This cause is before the court upon the Stipulation of Dismissal With Prejudice (Doc. 159 ) entered into between Plaintiff, J.V. PREYER, and Defendants, DAVID MORGAN and RON McNESBY, in their official capacit ies as present and former Sheriff of Escambia County, ESCAMBIA COUNTY, FLORIDA, RON McNESBY, BARBARA WERTZ, RONALD HANKINSON, DAVID PHILLIPS, JOSEPH BRAZWELL, JOHN COVOTTA AND SHAUN WHITE, in their official capacities, LPN MARGARET GRICE, LYNN LAIRD, DR. PIOTR SZMURLO, NURSE CAVET WHITE, RN MARY DAVIS, NURSE TRUDY BURDEN, NURSE ELAINE GREGORY, in their individual capacities, and PRISON HEALTH SERVICES, INC. Upon consideration of the foregoing, this action is DISMISSED with prejudice as to the defendants named therein only, with each party to bear their respective attorney's fees and costs. Signed by District Judge M CASEY RODGERS on 8/25/2009. (djb) Modified on 8/25/2009 (typo) (djb).

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Plaintiff: J V PREYER
Represented By: JOSEPH DAVID LANE
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Defendant: RON MCNESBY
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