Scibilia v. Gourley & Gourley, LLC et al

Filing 25

ORDER denying as moot 6 the Defendant, D. Trent Gourley's Motion to Dismiss for Lack of Personal Jurisdiction ; granting 22 the Plaintiff Maudie Cox Scibilia's Motion for Leave to Amend the Complaint. The Clerk of the Court shall file the Amended Complaint attached as Exhibit Number 2 to the instant Motion with the Court. Signed by Magistrate Judge Sheri Polster Chappell on 4/19/2010. (LMH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MAUDIE COX SCIBILIA, individuall and as successor of the affairs of Scibilia Enterprises, Inc., Plaintiff, -vsGOURLEY & GOURLEY, LLC, and D. TRENT GOURLEY, managing member, Defendants. _____________________________________/ Case No. 2:09-cv-658-FtM-29SPC

ORDER This matter comes before the Court on the Plaintiff Maudie Cox Scibilia's Motion for Leave to Amend the Complaint (Doc. #22) filed on April 13, 2010. The Defendant filed its Response in Opposition (Doc. # 24) on April 16, 2010. The Motion is now ripe for review. The Plaintiff seeks to add a count to its current Complaint alleging violations of the Florida Fraudulent Transfers statute Fla. Stat. § 726.195. The Defendant objects to the Amended Complaint arguing that the additional count is futile. Under rule 15(a), a party may amend the party's pleading only by leave of court or by written consent of the adverse party after a responsive pleading has been served. Fed. R. Civ. P. 15(a); Keene v. Teco Energy Corp., 2000 WL 230243 (M.D. Fla.). No responsive pleadings have been filed by the Defendant, nor has the Plaintiff filed a prior amendment. Thus, the Plaintiff may amend as of right under the Federal Rules. Fed. R. Civ. P. 15(a). The Defendant filed a Motion to Dismiss (Doc. # 6) on October 6, 2009. The Motion to Dismiss is now moot.

Accordingly, it is now ORDERED: (1) The Plaintiff Maudie Cox Scibilia's Motion for Leave to Amend the Complaint (Doc.

#22) is GRANTED. The Clerk of the Court shall file the Amended Complaint attached as Exhibit Number 2 to the instant Motion with the Court. (2) The Defendant, D. Trent Gourley's Motion to Dismiss for Lack of Personal Jurisdiction (Doc. # 6) is DENIED as moot. DONE AND ORDERED at Fort Myers, Florida, this 19th day of April, 2010.

Copies: All Parties of Record

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