Ghantous v. U Pull And Save, LLC et al

Filing 22

ORDER denying as moot 12 The Plaintiff, Richard Ghantous's Motion for Leave to Amend ; granting 21 The Defendants, U-Pull and Save, and Mohamad Zalikha's Motion to Dismiss. The Clerk of the Court is directed to file the Amended Complaint along with the Supplement to the Amended Complaint attached to the instant Motion as Exhibits A and B under separate docket entry. Signed by Magistrate Judge Sheri Polster Chappell on 7/8/2011. (LMH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RICHARD GHANTOUS, an individual,
Plaintiff,
-vs-

Case No. 2:11-cv-211-FtM-36SPC

U PULL AND SAVE, LLC, a Florida limited
liability corporation, MOHAMAD ZALIKHA, an
individual,
Defendants.
______________________________________

ORDER
This matter comes before the Court on the Plaintiff, Richard Ghantous’s Motion for Leave
to Amend (Doc. #21) filed on July 6, 2011. On May 12, 2011, the Defendant in this case filed its
Motion to Dismiss. The Plaintiff states that many of the grounds argued in the Motion to Dismiss
can be corrected in the Amended Complaint, and therefore moves the Court for leave to amend.
Pursuant to M.D. Fla. Local Rule 3.01(g), the Plaintiff conferred with Counsel for the Defense who
does not oppose the request.
Under rule 15(a), a party may amend the party’s pleading as a matter of course within
twenty-one (21) days after serving it or if the pleading is one which a responsive pleading is required
twenty-one (21) days after service of the responsive pleading or twenty-one (21) days after service
of a motion under Rule 12(b), (e), or (f) whichever, is earlier. Fed. R. Civ. P. 15(a)(1). Otherwise,
the Party must seek leave of court or written consent of the adverse party in order to amend the
pleading. Fed. R. Civ. P. 15(a)(2). “The decision whether to grant leave to amend a complaint is
within the sole discretion of the district court.” Laurie v. Alabama Court of Criminal Appeals, 256

F.3d 1266, 1274 (11th Cir. 2001). However, pursuant to Fed. R. Civ. P. 15(a), timely motions for
leave to amend are held to a very liberal standard and leave to amend should be freely given when
justice so requires. Senger Brothers Nursery, Inc. v. E.I. Dupont De Nemours & Company, 184
F.R.D. 674, 678 (M.D. Fla 1999). In this instance, the Court finds good cause to grant leave to
amend.
On May 12, 2011, the Defendants filed their Motion to Dismiss (Doc. # 12). Since the Court
has found good cause to grant leave to file an amended complaint, the Motion to Dismiss is now
moot and due to be denied as such.
Accordingly, it is now
ORDERED:
The Plaintiff, Richard Ghantous’s Motion for Leave to Amend (Doc. #21) is GRANTED.
(1) The Clerk of the Court is directed to file the Amended Complaint along with the
Supplement to the Amended Complaint attached to the instant Motion as Exhibits A and B under
separate docket entry.
(2) The Defendants, U-Pull and Save, and Mohamad Zalikha’s Motion to Dismiss (Doc. #
12) is DENIED as moot.
DONE AND ORDERED at Fort Myers, Florida, this

Copies: All Parties of Record
-2-

8th

day of July, 2011.