Paula White Ministries v. Johnson

Filing 36

ORDER denying without prejudice 34 Motion to Dismiss and extending deadlines for 32 Motion for Summary Judgment. Signed by Judge Gregory A. Presnell on 1/12/2015. (JU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PAULA WHITE MINISTRIES,
Plaintiff,
v.

Case No: 6:14-cv-497-Orl-31DAB

SHIRLEY JN JOHNSON,
Defendant.

ORDER
This matter is before the Court on Plaintiff’s Motion to Dismiss the Complaint pursuant to
Rule 41(a)(2) (Doc. 34) and the Defendant’s Response in Opposition (Doc. 35). Rule 41(a)(2)
provides this Court with broad discretion to dismiss a matter after a defendant has served an answer
or motion for summary judgment. In this case the pro se Defendant has done both.
In sum, this case revolves around whether the Defendant’s online criticism of Plaintiff’s
religious videos were fair use of protected intellectual property. Defendant asserts that the case was
merely a slapp suit and she submitted the videos to the Court to make such a determination on
summary judgment. (See Doc. 32). Weeks after the motion for summary judgment was filed, the
Plaintiff sought to abandon its claims by filing the Motion to Dismiss, but seeking dismissal without
prejudice thus leaving the specter of future litigation. Defendant, who asserts that she has engaged
solely in protected speech, argues that this case should be addressed on the merits.
Under the circumstances, this case is in a posture where the outcome should be res judicata.
This could result from pursuing the case to conclusion on the merits, or from Plaintiff’s standpoint,
a dismissal with prejudice would accomplish the same result.

It is therefore,
ORDERED, the Motion to Dismiss (Doc. 34) is DENIED without prejudice. On or before
January 20, 2015, Plaintiff shall either file a Motion to Dismiss with prejudice or its response to the
Motion for Summary Judgment (Doc. 32).
DONE and ORDERED in Chambers, Orlando, Florida on January 12, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Party

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