Torres v. Tooley et al

Filing 22

ORDER denying 20 Plaintiff Jorge A. Torres's Request for Entry of Default. Signed by Judge James S. Moody, Jr on 6/8/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

JORGE A. TORRES, JR.,
Plaintiff,
v.

Case No: 5:16-cv-267-Oc-30PRL

AMY TOOLEY and FLORIDA
DEPARTMENT OF CHILDREN
AND FAMILIES,
Defendants.
________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff Jorge A. Torres’s Second
Request for Entry of Default against Defendant Amy Tooley (Docs. 20, 21). Under Federal
Rule of Civil Procedure 12(a)(1)(A)(i), a defendant must answer a complaint within
twenty-one days after being served with the summons or complaint. However, under Rule
12(b)(6), a defendant may file a motion for failure to state a claim upon which relief can
be granted and such motion must be filed before a responsive pleading. On May 18, 2016,
Defendant Amy Tooley filed a motion to dismiss Plaintiff’s complaint, arguing, among
other things, that Plaintiff failed to state a claim pursuant to Rule 12(b)(6). (Doc. 17).
Accordingly, Defendant Amy Tooley is not yet required to serve a responsive pleading.
Plaintiff’s motion is premature and should be denied.

Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Plaintiff Jorge A. Torres’s Request for Entry of Default (Doc. 20) is

DENIED.
DONE and ORDERED in Tampa, Florida, this 8th day of June, 2016.

Copies furnished to:
Counsel/Parties of Record

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