Opinion
CASE NO. 2:18-CV-14155-ROSENBERG/MAYNARD
11-27-2018
YVONNE POINDEXTER, as Personal Representative of the Estate of Britney Poindexter, deceased, Plaintiff, v. JOSEPH ZACHARZEWSKI, as Personal Representative of the Estate of Walter Roney, deceased, et al., Defendants.
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon Defendants' Motion to Strike Plaintiff's Claim for Punitive Damages [DE 46], which was referred for appropriate disposition to the Honorable Shaniek M. Maynard. On November 5, 2018, Judge Maynard issued her Report and Recommendation [DE 63] recommending that the Motion be granted. Plaintiff filed objections, however, Plaintiff's objections were untimely by seven days. Plaintiff's late objections were accompanied by a Motion for Extension of Time. Although the Court notes the late filed objections, the Court grants Plaintiff's Motion for Extension of Time and considers the objections in light of the intervening Thanksgiving holiday. The Court has conducted a de novo review of the Report and Recommendations, the objections, and the record and is otherwise fully advised in the premises.
Upon review, the Court finds the Report and Recommendation to be well reasoned and correct. The Court agrees with the analysis in the Report and Recommendations and adopts the conclusions. The Court briefly notes that Plaintiff's objections raise arguments previously brought before Magistrate Judge Maynard. Plaintiff's objections are rejected because for the reasons set forth in the Report and Recommendation in which the distinction was made between how punitive damages must be pleaded (which is a matter of federal procedure), and when a Plaintiff may seek an award of punitive damages (which is a matter of state substantive law). Florida law does not permit Plaintiff to seek punitive damages against a defendant estate, Lohr v. Byrd, 522 So. 2d 845 (Fla. 1988), and Florida law controls and binds this Court. E.g., Toole v. Baster Healthcare Corp., 235 F.3d 1307, 1317 (11th Cir. 2000) (using Alabama law to determine whether defendant's conduct warranted the imposition of punitive damages); Jarzynka v. St. Thomas Univ. of Law, 310 F. Supp. 2d 1256, 1269 (S.D. Fla. 2004) (applying Florida law when determining the availability of a punitive damages award).
The substantive law of Florida is applied in this case because the Plaintiff has invoked the diversity jurisdiction of this Court. E.g., Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938). --------
For the foregoing reasons, it is hereby ORDERED and ADJUDGED as follows:
1. The Report and Recommendations [DE 63] is hereby ADOPTED;
2. Defendants' Motion to Strike Plaintiff's Claim for Punitive Damages [DE 46] is GRANTED; and
3. Plaintiff's Motion for Extension of Time [DE 71] is GRANTED.
DONE and ORDERED in Chambers, West Palm Beach, Florida, this 27th day of November, 2018.
/s/_________
ROBIN L. ROSENBERG
UNITED STATES DISTRICT JUDGE Copies furnished to Counsel of Record