Cokley v. Dixon et al

Filing 77

OPINION AND ORDER re: 69 MOTION to Amend 63 Amended Complaint. Plaintiff Anthony Cokley's motion for leave to amend (Doc. 69) is GRANTED. 1. Cokley's latest proposed amended complaint--constructively filed on December 30, 2024, and docketed as Doc. 75--is the operative pleading. 2. The defendants must respond to the amended complaint 75 by January 28, 2025. 3. Also, by January 28, 2025, defense counsel must either (1) file waivers of service on behalf of Aaron Rolon, James Smart, Justin Grant, Robert Hollmeyer, and Jake Steider, or (2) notify the Court in writing of any unserved defendants who do not elect to waiver service. 4. Cokley's official-capacity claims are DISMISSED. Signed by Judge Sheri Polster Chappell on 1/7/2025. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANTHONY JAMES COKLEY,
Plaintiff,
v.

Case No.: 2:23-cv-465-SPC-NPM

DEREK SNIDER, ZACKARY
DITORO, OSCAR ESTRADA,
GARY HIRSCHY, JACOB
MARSHAL, MOSES FROST,
AARON ROLON, JERMAINE F.
SMART, JUSTIN GRANT,
ROBERT HOLLMEYER and JAKE
STEIDER,
Defendants.

/
OPINION AND ORDER

Before the Court are three proposed amended complaints filed by
plaintiff Anthony James Cokley (Docs. 63, 70, and 75) and a motion for leave
to amend (Doc. 69). The defendants did not respond to Cokley’s motion, so the
Court treats it as unopposed. See M.D. Fla. 3.01(c). Cokley’s latest amendment
clarifies his claims against the defendants, names the three defendants
previously identified as John Does, asserts new allegations against two
defendants who were previously dismissed from this action, and adds claims
against two previously unidentified officials who allegedly participated in the
incident that prompted this action.

Courts should freely give leave to amend when justice so requires. See
Fed. R. Civ. P. 15(a)(2). The Court finds the amendment will not unduly
prejudice defendants, so it will grant Cokley’s motion.

However, the

amendment purports to sue all the defendants in both their individual and
official capacities.

In a prior order, the Court explained that Eleventh

Amendment immunity bars Cokley from suing the defendants in their official
capacities. (See Doc. 58). That remains true, so the Court dismisses Cokley’s
reasserted official-capacity claims.
Accordingly, it is now
ORDERED:
Plaintiff Anthony Cokley’s motion for leave to amend (Doc. 69) is
GRANTED.
1. Cokley’s latest proposed amended complaint—constructively filed on
December 30, 2024, and docketed as Doc. 75—is the operative
pleading.
2. The defendants must respond to the amended complaint (Doc. 75) by
January 28, 2025.
3. Also by January 28, 2025, defense counsel must either (1) file
waivers of service on behalf of Aaron Rolon, James Smart, Justin

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Grant, Robert Hollmeyer, and Jake Steider, 1 or (2) notify the Court in
writing of any unserved defendants who do not elect to waiver service.
4. Cokley’s official-capacity claims are DISMISSED.
DONE and ORDERED in Fort Myers, Florida on January 7, 2025.

SA: FTMP-1
Copies: All Parties of Record

Wavier of service forms may be accessed here: https://www.uscourts.gov/formsrules/forms/waiver-service-summons.
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