Ross v. Wilkins et al

Filing 19

ORDER finding as moot 13 Motion to dismiss the complaint, filed by Defendants Haney and Medlock. See order for details. Signed by Magistrate Judge Thomas E. Morris on 12/7/2012. (DLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
SHEILA ROSS,
Plaintiff,
vs.
CASE NO. 3:12-cv-267-J-99TJC-TEM
DAVID WILKINS, Secretary,
DEPARTMENT OF CHILDREN AND FAMILIES,
STATE OF FLORIDA; EVA HANEY; and
PATTI MATLOCK,
Defendants.
_________________________________
ORDER
This case comes before the Court sua sponte. In this action, Plaintiff’s Amended
Complaint for Damages and Demand for Jury Trial (Doc. #17, Amended Complaint) was
filed on December 5, 2012. The Amended Complaint was filed without leave of the Court,
as a matter of right, because Defendants have not filed any responsive pleadings in this
case. See Fed. R. Civ. P. 15(a) ("[a] party may amend the party's pleading once as a
matter of course at any time before a responsive pleading is served. . . .”); Fortner v.
Thomas, 983 F.2d 1024, 1032 (11th Cir. 1993) (a motion to dismiss is not considered a
responsive pleading for purposes of Rule 15(a)).
The Amended Complaint has dropped the individual Defendants, Eva Haney and
Patti Matlock, from this lawsuit. Accordingly, Defendants Haney’s and Medlock’s1 Motion
to Dismiss Plaintiff’s Complaint (Doc. #13) is rendered moot with the filing of the Amended
Complaint. See Malowney v. Federal Collection Deposit Group, 193 F.3d 1342, 1345 n.1

1

According to Defendants’ counsel, Defendant Patti Medlock represents the correct
spelling of this individual’s name. See Motion to Dismiss at 1 n.1.

(11th Cir. 1999) (noting that ‘[a]n amended complaint supersedes a previously filed
complaint”); Meterlogic, Inc. v. Copier Solutions, Inc., 185 F.Supp.2d 1292, 1297 (S.D. Fla.
2002) (noting that the plaintiff’s filing of an amended complaint “rendered moot the parties’
previous pleadings and the defendants’ summary judgment and Daubert motion”).
Thus, the pending Motion to Dismiss (Doc. #13) is DEEMED MOOT and the Clerk
shall terminate the Motion to Dismiss from the pending motions in this case. The Clerk
shall further correct the style of the case to reflect only David Wilkins, in his Official
Capacity as Secretary, Department of Children and Families, State of Florida, as the sole
Defendant.
DONE AND ORDERED at Jacksonville, Florida this 7th day of December, 2012.

Copies to all counsel of record
and pro se parties, if any

2