Goers et al v. L.A. Entertainment Group, Inc. et al

Filing 111

ORDER denying 73 Defendants' Motion to Dismiss State Law Claims without Prejudice. Signed by Judge Sheri Polster Chappell on 1/25/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TAMERA GOERS
and ASHLEY CHRISTINE MULLIGAN,
Individually, and on Behalf of All Others
Similarly Situated,
Plaintiffs,
v.

Case No: 2:15-cv-00412-FTM-99CM

L.A. ENTERTAINMENT GROUP,
INC., a Florida Corporation, and
AMER SALAMEH, individually,
Defendants.
/
ORDER1
This matter comes before the Court on sua sponte review of the docket. Plaintiffs
filed their Motion to Dismiss State Law Claims without Prejudice (Doc. #73) on September
13, 2016. They then filed a Notice of Withdrawal of their Motion to Dismiss State Law
Claims (Doc. #78) on September 30, 2016.
“A plaintiff wishing to eliminate particular claims or issues from the action should
amend the complaint under Rule 15(a) rather than dismiss under Rule 41(a).” Binns v.
Caesars Entm't Corp., No. 2:14-CV-506-FTM-38, 2014 WL 5378227, at *1 (M.D. Fla. Oct.
21, 2014) (quoting Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir.

1

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2004)). Because Plaintiffs cannot remove a single count from their Complaint without
following the proper procedure, their Motion to Dismiss (Doc. #73) must be denied.
Accordingly, it is now
ORDERED:
Defendants' Motion to Dismiss State Law Claims without Prejudice (Doc. #73) is
DENIED.
DONE and ORDERED in Fort Myers, Florida this 25th day of January, 2017.

Copies: All Parties of Record