Opinion
Case No: 6:17-cv-1036-Orl-TBS Case No: 6:17-cv-1105-Orl-TBS Case No: 6:17-cv-1106-Orl-TBS
08-13-2018
KRISTEN CAMPBELL, AS PARENT AND NATURAL GUARDIAN OF A.C., A MINOR, Plaintiff, v. RENE BRIERE, Defendant. DAN CAMPBELL, Plaintiff, v. RENE BRIERE, Defendant. JUSTIN CAMPBELL, Plaintiff, v. RENE BRIERE, Defendant.
ORDER
This case comes before the Court without a hearing on Defendant's Daubert Motion, or in the Alternative, Motion in Limine, to Preclude Certain Testimony of Dr. Sean Mahan (Doc. 49). Plaintiff has not filed a response to the motion and the time within to do so has expired. When a party fails to respond, that is an indication that the motion is unopposed. Foster v. The Coca-Cola Co., No. 6:14-cv-2102-Orl-40TBS, 2015 WL 3486008, at *1 (M.D. Fla. June 2, 2015); Jones v. Bank of Am., N.A., 564 Fed. Appx. 432, 434 (11th Cir. 2014) (citing Kramer v. Gwinnett Cty., Ga., 306 F.Supp.2d 1219, 1221 (N.D. Ga. 2004); Daisy, Inc. v. Polio Operations, Inc., No. 2:14-cv-564-FtM-38CM, 2015 WL 2342951, at *1 (M.D. Fla. May 14, 2015) (when defendant did not respond court could consider motion to compel unopposed); Brown v. Platinum Wrench Auto Repair, Inc., No. 8:10-cv-2168-T-33TGW, 2012 WL 333803, at *1 (M.D. Fla. Feb. 1, 2012) (after party failed to respond, court treated motion for summary judgment as unopposed). The Court proceeds on the basis that this motion is unopposed, and it is therefore, GRANTED without the Court having reached the merits. Plaintiff's expert, Dr. Sean Mahan will not be permitted to testify concerning the causation or permanency of Plaintiffs' injuries claimed in these actions.
"Unpublished opinions are not considered binding precedent, but may be cited as persuasive authority." CTA11 Rule 36-2. --------
DONE and ORDERED in Orlando, Florida on August 13, 2018.
/s/_________
THOMAS B. SMITH
United States Magistrate Judge Copies furnished to:
Counsel of Record
Unrepresented Parties