SMITH
v.
ALVAREZ
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The District Court for the Northern District of Florida reviewed a magistrate judge's Report and Recommendation and adopted its determination to deny Defendants McCorvey and Williams' motion to dismiss. The Court rejected the defendants' argument regarding punitive damages and remanded the case for further pretrial proceedings.
The motion to dismiss filed by Defendant McCorvey and adopted by Defendant Williams is denied on the merits, not as premature.
“the Court agrees with the magistrate judge's determination that the motion to dismiss filed by Defendant McCorvey and adopted by Defendant Williams should be denied”
The district court adopted the magistrate judge's recommendation and stated its agreement with the determination to deny the motion
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Join FLexlaw to unlock all legal intelligenceThe case involves Davonte Williams and other defendants. Defendant McCorvey filed a motion to dismiss, which was adopted by Defendant Williams. The de…
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This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 93). No objections were filed.
Upon due consideration of the Report and Recommendation and the case file, the Court agrees with the magistrate judge's determination that the motion to dismiss filed by Defendant McCorvey and adopted by Defendant Williams should be denied. Specifically, with respect to Defendants' argument concerning the issue of punitive damages, the motion is denied on the merits not as premature. See Jones v. Eustice, 2024 WL 4026180, at *1 (N.D. Fla. Sep. 3, 2024) (citing cases).
Accordingly, it is ORDERED that:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. The motion to dismiss filed by Defendant McCorvey (Doc. 72) and adopted by Defendant Williams (Doc. 80) is DENIED.
3. This case is returned to the magistrate judge for further pretrial proceedings.
DONE and ORDERED this 7th day of October, 2024.