Alonso Cano v. 245 C&C, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 19-21826-CIV-LENARD/O’SULLIVAN CARLOS A. ALONSO CANO, individually and as guardian for his son, ANGIE ALONSO MOREJON, and as next of friend of his minor daughters, KATY ALONSO MOREJON and JANY LEIDY ALONSO MOREJON and FE MOREJON FERNANDEZ, individually, Plaintiffs, VS. 245 C & C, LLC and CFH GROUP, LLC., Defendants. / ORDER THIS MATTER is before the Court on the Plaintiffs’ Motion for Clarif[icjation of the Court Order [ECF No.398] (DE# 404, 12/16/20). Having reviewed the applicable filings and the law, it is ORDERED AND ADJUDGED that the Plaintiffs’ Motion for Clarif[ic]ation of the Court Order [ECF No.398] (DE# 404, 12/16/20) is GRANTED. The plaintiffs are permitted to file affidavits in response to any motion. Of course, the defendants have the ability to file a motion to strike any affidavits that are filed. The plaintiffs are advised, as indicated in the Court’s Order (DE# 398), that if the Court finds an “inherent inconsistency between an affidavit and a deposition” of that affiant and there is no “adequate explanation of the inconsistency,” the Court is permitted to disregard the affidavit pursuant to Rollins v. TechSouth, Inc., 833 F.2d 1525, 1530 (11th Cir. 1987). See Order (DE# 398 at 9-10, 12/10/20). DONE AND ORDERED, in Chambers, at Miami, Florida, this 16th day of December, 2020.

__ pf JO . O'SULLIVAN CHIEF/UNITED STATES MAGISTRATE JUDGE