Perez v. Harrelson et al

Filing 57

ORDER -- Counts IV and VII of Plaintiff's First Amended Complaint (Doc. 30) are DISMISSED WITH PREJUDICE. On or before Monday, April 18, 2016, Defendants Constantine Procos and Joshua Santos shall file their respective answers to the remaining counts of Plaintiff's First Amended Complaint. Signed by Judge Roy B. Dalton, Jr. on 3/28/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JAVIER PEREZ,
Plaintiff,
v.

Case No. 6:15-cv-879-Orl-37GJK

BOBBY CRAIG HARRELSON, JR.;
CONSTANTINE PROCOS; and
JOSHUA SANTOS,
Defendants.
ORDER
This cause is before the Court on its own motion.
On March 7, 2016, the Court entered an Order partially granting Defendants’,
Constantine Procos and Joshua Santos, Motion to Dismiss Plaintiff’s Amended Complaint
and Incorporated Memorandum of Law (Doc. 36). (Doc. 56.) In particular, the Court
dismissed Counts IV and VII of Plaintiff’s Amended Complaint without prejudice, pursuant
to Federal Rule of Civil Procedure 12(b)(6). (See Doc. 56, pp. 9–11, 16.) In doing so, the
Court outlined the existing deficiencies in Plaintiffs’ Amended Complaint and granted
Plaintiff leave to amend his complaint to cure such deficiencies. (See id.)
The Court warned Plaintiff that failure to file a second amended complaint on or
before Monday, March 21, 2016, would result in dismissal of Counts IV and VII with
prejudice. (Id. at 16.) To date, Plaintiff has not filed a second amended complaint.
Therefore, in accordance with the Court’s prior warning, Counts IV and VII of Plaintiff’s
First Amended Complaint (Doc. 30) are DISMISSED WITH PREJUDICE. On or before
Monday, April 18, 2016, Defendants Constantine Procos and Joshua Santos shall file

their respective answers to the remaining counts of Plaintiff’s First Amended Complaint
(Doc. 30).
IT IS SO ORDERED.
DONE AND ORDERED in Chambers in Orlando, Florida, on March 28, 2016.

Copies:
Counsel of Record

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