Veale v. Florida Department of Health

Filing 22

ORDER denying as moot 6 Defendant's Motion to Dismiss; granting 11 Plaintiff's Motion to Amend Complaint ; denying as premature 12 Defendant's Motion to Dismiss the Amended Complaint ; granting 15 Plaintiff's Motion t o Strike Defendant's Motion to Dismiss the Amended Complaint. The Clerk of Court is directed to docket Plaintiff's Amended Complaint and its exhibit (Doc. #11-1, 11-2) as a separate entry in the CM/ECF system Signed by Judge Sheri Polster Chappell on 6/4/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SHEDINA VEALE,
v.

Case No: 2:13-cv-77-FtM-38UAM

FLORIDA DEPARTMENT OF HEALTH,
Defendant.
___________________________________/
ORDER
This matter comes before the Court on Defendant's Motion to Dismiss the
Amended Complaint (Doc. #12) filed on April 9, 2013 and Plaintiff’s Motion to Strike
(Doc. #15) filed on April 22, 2013.
On March 13, 2013, Defendant filed a Motion to Dismiss (Doc. #6) Plaintiff’s
original Complaint. After that, Plaintiff filed an opposed Motion to Amend the Complaint
to correct certain deficiencies identified by Defendant in its Motion to Dismiss. (Doc.
#11). The Court has yet to issue a ruling on the Motion to Amend. Nonetheless,
Defendant filed a Motion to Dismiss the Amended Complaint (Doc. #12) on April 9,
2013.

Plaintiff then filed a Motion to Strike the Motion to Dismiss the Amended

Complaint (Doc. #15) on the grounds that the filing of the Motion to Dismiss the
Amended Complaint was premature as the Court had not yet granted leave for Plaintiff
to file the Amended Complaint. The Court agrees and finds that the Motion to Dismiss
the Amended Complaint was filed in error as the Court had not yet granted leave for
Plaintiff to file an amended complaint. Thus, the Court grants Plaintiff’s Motion to Strike
Defendant’s Motion to Dismiss the Amended Complaint, and will allow Plaintiff to amend
his Complaint. Defendant shall respond to the Amended Complaint within the time

allowed pursuant to the Federal Rules. The amendment will moot the original Motion to
Dismiss the first Complaint.
Accordingly, it is now
ORDERED:
(1) Plaintiff’s Motion to Strike Defendant’s Motion to Dismiss the Amended
Complaint (Doc. #15) is GRANTED.
(2) Defendant's Motion to Dismiss the Amended Complaint (Doc. #12) is DENIED
as premature.
(3) Plaintiff’s Motion to Amend Complaint (Doc. #11) is GRANTED. The Clerk of
Court is directed to docket Plaintiff’s Amended Complaint and its exhibit
(Doc. #11-1, 11-2) as a separate entry in the CM/ECF system.
(4) Defendant’s Motion to Dismiss (Doc. #6) is DENIED AS MOOT.
DONE and ORDERED in Fort Myers, Florida this 3rd day of June, 2013.

Copies: All Parties of Record

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