Cabrera et al v. MGA Insurance Company, Inc.

Filing 25

ORDER VACATING 23 the Order Granting the Motion to Dismiss. The Clerk of the Court is directed to file the Amended Complaint attached to the Plaintiff's Motion to Amend 16 filed on November 15, 2013 as a separate docket entry. The Clerk of the Court is directed to reopen for the Court's review the Defendant MGA's Motion to Dismiss 19 filed on November 26, 2013. Signed by Judge Sheri Polster Chappell on 1/27/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FRANCE CABRERA and JOAQUIN
GARCIA-POLA,
Plaintiffs,
v.

Case No: 2:13-cv-666-FtM-38DNF

MGA INSURANCE COMPANY, INC.,
Defendant.
/
ORDER
This matter comes before the Court sua sponte upon review of the record. On
November 18, 2013, the Plaintiff’s Motion to Amend (Doc. #16) was granted. The Court
ordered the Clerk of the Court to file the Amended Complaint in the Court’s record.
However, rather than filing the Amended Complaint, the Clerk’s Office re-filed the Original
Complaint instead. The Court subsequently issued an Order granting the Defendant
MGA’s Motion to Dismiss based in part on the improper Amended Complaint. Now upon
review of the Motion and the Amended Complaint, the Court notes that the Original
Complaint was improperly filed. Therefore, the Court will vacate its Order (Doc. #23) on
the Motion to Dismiss and direct the Clerk of Court to file the correct Amended Complaint.
Accordingly, it is now
ORDERED:
(1) The Order Granting the Motion to Dismiss (Doc. #23) is hereby VACATED.

(2) The Clerk of the Court is directed to file the Amended Complaint attached to
the Plaintiff’s Motion to Amend (Doc. #16) filed on November 15, 2013 as a
separate docket entry.
(3) The Clerk of the Court is directed to reopen for the Court’s review the Defendant
MGA’s Motion to Dismiss (Doc. #19) filed on November 26, 2013.
DONE and ORDERED in Fort Myers, Florida this 27th day of January, 2014

Copies: All Parties of Record

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