Walthour et al v. Hillsborough County

Filing 19

ORDER granting 18 Motion for Reconsideration to the extent that the Court directs the Clerk to return this case to active status. Plaintiffs are directed to file an amended complaint by February 21, 2017. Signed by Judge Susan C Bucklew on 2/7/2017. (JD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SAMMIE L. WALTHOUR and
REGINALD A. EARL,
Plaintiffs,
v.

Case No. 8:17-cv-38-T-24 TGW

HILLSBOROUGH COUNTY,
Defendant.
______________________________/
ORDER
This cause comes before the Court on Plaintiffs’ Motion for Reconsideration. (Doc. No.
18). Plaintiffs again request the Court to vacate its dismissal of this case. While the Court’s
dismissal without prejudice of the original complaint stands, the Court will reopen the case and
grant Plaintiffs leave to amend to assert their claims in compliance with Federal Rule of Civil
Procedure 8. The Court is not persuaded that additional discovery of information from the
EEOC— regarding its opinion on whether the releases Plaintiffs signed are valid—is necessary
to file a sufficient complaint. The amended complaint must provide a factual basis for the
alleged discrimination and retaliation, as well as factual basis for their § 1983 claim.
To be clear, this Court is not concluding that by allowing Plaintiffs to amend their
complaint, the amended complaint will relate back to the original, deficient complaint.
Once Defendant is served with the amended complaint, it will undoubtedly argue that the
amended complaint does not relate-back to the original complaint, and as such, Plaintiffs should
be prepared to address this issue once Defendant raises it.
Accordingly, it is ORDERED AND ADJUDGED that:
(1)

Plaintiffs’ Motion for Reconsideration (Doc. No. 18) is GRANTED TO THE

EXTENT that the Court directs the Clerk to return this case to active status and
directs Plaintiffs to file an amended complaint by February 21, 2017.
(2)

If Plaintiffs fail to file an amended complaint that satisfies Rule 8 by providing a
sufficient factual basis for their claims, the Court will dismiss the amended
complaint.

DONE AND ORDERED at Tampa, Florida, this 7th day of February, 2017.

Copies to:
Counsel of Record

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