GP v. Lee County School Board et al

Filing 62

ORDER denying as moot 38 (3)Defendants Lee County School Board and Linda Caprarotta's Motion to Dismiss the Second Amended Complaint. Plaintiff's Second Amended Complaint 37 is STRICKEN. The Clerk of the Court is DIRECTED to strike the Second Amended Complaint 37 from the docket.Plaintiff may file a revised second amended complaint on or before January 10, 2017. This will be Plaintiff's final opportunity to amend. Signed by Judge Sheri Polster Chappell on 1/3/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GP, minor child by and through her
Mother, JP
Plaintiff,
v.

Case No: 2:15-cv-728-FtM-38CM

LEE COUNTY SCHOOL BOARD
and LINDA CAPRAROTTA,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff’s Second Amended Complaint
(Doc. #37) filed on June 14, 2016. Plaintiff commenced this action against Defendants
on November 23, 2015. (Doc. #1.) With the Court’s leave, Plaintiff filed a nine-count
Amended Complaint on February 22, 2016 (Doc. #16; Doc. #17.) Only Count II survived
Defendants’ Motion to Dismiss (Doc. #26). The Court dismissed Counts III, VII, and VIII
without prejudice allowing Plaintiff leave to amend as consistent with the Court’s Order.
(Doc. #35.)
Plaintiff’s Second Amended Complaint (Doc. #37) was filed on June 14, 2016, in
response to the Court’s Order to Show Cause (Doc. #36).

The Second Amended

Complaint adds four new counts and three new parties to the instant litigation. (Doc.

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These
hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in
CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not
endorse, recommend, approve, or guarantee any third parties or the services or products they provide on
their websites. Likewise, the Court has no agreements with any of these third parties or their websites.
The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that
a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.

#37.) On October 12, 2016, Plaintiff filed a Motion for Leave to File the Second Amended
Complaint (Doc. #48). The Court denied Plaintiff’s motion without prejudice for failure to
comply with the local rules. (Doc. #49.) As of the date of this Order, Plaintiff has not
sought leave to amend again or filed a revised second amended complaint that complies
with the Court’s Order (Doc. #35).
Rule 15 of the Federal Rules of Civil Procedure states “[a] party may amend its
pleading once as a matter of course within . . . 21 days after service of a motion under
Rule 12(b)[.]” Fed. R. Civ. P 15(a)(1)(B). “In all other cases, a party may amend its
pleading only with the opposing party’s written consent or the court’s leave.” Fed. R. Civ.
P. 15(a)(2).
In this case, the Court only granted leave to amend “as consistent with [its] Order.”
(Doc. #35, p. 21.) Instead of complying with the Court’s directive, Plaintiff filed an
amended complaint adding entirely new counts and parties. Although Plaintiff sought
leave to amend after the fact, the request was denied. (Doc. #49.) Therefore, the Court
will strike the Second Amended Complaint for failure to comply with Rule 15(a) and the
Court’s previous Order (Doc. #35).
Should Plaintiff wish to file a revised second amended complaint that complies with
the directives given in the Court’s previous Order (Doc. #35), it may do so by January
10, 2017. This will be Plaintiff’s final opportunity to amend. If Plaintiff chooses not to file
a revised second amended complaint, or fails to follow the Court’s directives again, this
case will proceed on Count II of the First Amended Complaint. (See Doc. #35.)
Accordingly, it is now
ORDERED:

2

(1)

Plaintiff’s Second Amended Complaint (Doc. #37) is STRICKEN.

(2)

The Clerk of the Court is DIRECTED to strike the Second Amended

Complaint (Doc. #37) from the docket.
(3)

Defendants Lee County School Board and Linda Caprarotta’s Motion to

Dismiss the Second Amended Complaint (Doc. #38) is DENIED as moot.
(4)

Plaintiff may file a revised second amended complaint on or before January

10, 2017. This will be Plaintiff’s final opportunity to amend.
DONE and ORDERED in Fort Myers, Florida this 3rd day of January, 2017.

Copies: All Parties of Record

3