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Searching dockets in Charles N Castagna Mediation x
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Civil Rights: Accommodations | Florida Middle
Order on Motion for Summary Judgment
ORDER granting 30 Defendants' Motion for Summary Judgment. The Clerk is directed to enter judgment for Defendants, terminate all pending motions and deadlines, and close the case. Signed by Magistrate Judge Sean P. Flynn on 8/3/2026. (ACS)
P.I.: Other | Florida Middle
Order
ENDORSED ORDER GRANTING Defendant's Motion for Summary Judgment on Plaintiff's negligent maintenance claim. (Dkt. 54) Defendant requested the Court grant summary judgment on Plaintiff's negligent maintenance claim because "there is no evidence to support that theory." (Id. at 19) Plaintiff responded by admitting the evidence was not available but asserting that the Court should give an adverse inference instruction as to this claim because Defendant was the reason the evidence is unavailable. (Dkt. 55 at 16) Because it was Plaintiff's request for an adverse instruction, it was Plaintiff's burden to prove Defendant acted in bad faith by not preserving the evidence. See Tesoriero v. Carnival Corp., 965 F.3d 1170, 1184-86 (11th Cir. 2020). Accordingly, on June 5, 2026, the Court held in abeyance ruling on the negligent maintenance claim and granted Plaintiff twenty-one (21) days to file a motion for spoliation sanctions. (Dkt. 71) Plaintiff did not do so. Thus, the Court will GRANT Defendant's Motion for Summary Judgment as to the negligent maintenance claim. Finally, the Parties are DIRECTED to file a renewed Case Management Report within twenty-one days of this Order setting forth joint proposed new deadlines and trial term. Signed by Judge Mary S. Scriven on 8/3/2026. (KMF)
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