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Case 6:13-cv-00163-JA-KRS Document 50 Filed 06/04/13 Page 1 of 2 PageID 176

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

HAYDEN MCCULLERS, CONNIE
PULVER, LAURIE BRITTON, KENNETH
J. BROWN, LLOYD MCCLAIN, JR.,
STEVEN MICHAEL, MELANIE D.
MILLER, ISAAC DAVE MITCHELL,
ROBERT A. SNYDER, JAY CLIFFORD
WENHOLD,

Plaintiffs,

-vs-

Case No. 6:13-cv-163-Orl-28KRS

DOLLAR TREE STORES, INC.,

______________________________________

Defendant.

ORDER

This case is before the Court on Plaintiffs’ Unopposed Motion to Sever and Transfer

(Doc. No. 46) filed April 29, 2013. The United States Magistrate Judge has submitted a

report recommending that the motion be granted.

After an independent de novo review of the record in this matter, and noting that no

objections were timely filed, the Court agrees entirely with the findings of fact and

conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as

follows:

1.

That the Report and Recommendation filed May 8, 2013 (Doc. No. 49) is

ADOPTED and CONFIRMED and made a part of this Order.

2.

Plaintiffs’ Unopposed Motion to Sever and Transfer (Doc. 46) is GRANTED.

Case 6:13-cv-00163-JA-KRS Document 50 Filed 06/04/13 Page 2 of 2 PageID 177

3.

The claims of Plaintiffs Hayden McCullers and Clifford Wenhold are SEVERED

from the claims of the other Plaintiffs in this case. The Clerk of the Court is directed to open

a new case for their claims against Defendant. Once the new case is opened, the Clerk is

directed to transfer the case for Plaintiffs McCullers and Wenhold to the United States

District Court for the Northern District of Florida, Pensacola Division.

4.

After the claims of Plaintiffs McCullers and Wenhold are severed, the Clerk of

the Court is directed to transfer this case (claims of Plaintiffs Lloyd McClain, Jr., Steven

Michael, and Robert A. Snyder)1 to the Tampa Division of this Court.

5.

After this case has been transferred as set forth above, the Clerk of the Court

is directed to close this file.

DONE and ORDERED in Chambers, Orlando, Florida this 4th day of June, 2013.

Copies furnished to:

United States Magistrate Judge
Counsel of Record

1 The claims of the five other named Plaintiffs have been dismissed (Doc. Nos. 29,

34).

-2-