Opinion
CIVIL ACTION NO. 14-502-KD-M
07-12-2016
VINCENT WHITE, Plaintiff, v. JOHN MCLAIN, JOHNNY THORNTON, SR., JOHN CASSIDY, GREG O'SHEA, ALLEN O'SHEA, JEFFERY SULLIVAN, and CLINTON LAW Defendants.
JUDGMENT
In accordance with the Court's Order entered on April 28, 2016, and the mandate issued by the Eleventh Circuit Court of Appeals on June 29, 2016 (Docs. 60 and 64) it is hereby ORDERED, ADJUDGED, and DECREED as follows:
1. JUDGMENT is entered against Plaintiff and in favor of Defendants John McLain, Johnny Thornton, Sr., John Cassidy, Greg O'Shea, Allen O'Shea, Jeffery Sullivan, and Clinton Law on Count One of the Complaint.
2. Count Two of the Complaint is DISMISSED.
3. JUDGMENT is entered against Plaintiff and in favor of Defendants John McLain, Johnny Thornton, Sr., John Cassidy, Greg O'Shea, Allen O'Shea, Jeffery Sullivan, and Clinton Law on Count Three of the Complaint.
4. Plaintiff's state law claims against all Defendants (Counts Four and Five) are DISMISSED without prejudice.
Count Two was dismissed via the Court's Order on Summary Judgment. (Doc. 40). Plaintiff's response brief stated, "The claims under Count II for False Arrest/False Imprisonment are subsumed in Plaintiff's other claims and Count II is therefore due to be dismissed." (Doc. 35 at 31).
The Court dismissed these counts via a previous Order (Doc. 55) pursuant to Defendants' Motion to Dismiss Plaintiff's state law claims of assault and outrage. (Doc. 42). Plaintiff responded to the motion as follows: "The Plaintiff does not oppose the Defendants' motion to dismiss the State law claims (Fourth and Fifth Counts) of Thornton, McLain, Sullivan, Cassidy, Allen O'Shea, Law, and Greg O'Shea [Doc. 4[2]]." (Doc. 53). --------
DONE and ORDERED this 12th day of July 2016.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE