Begley v. Wal-Mart Stores East, LP

Filing 6

ORDER ATTACHED denying 3 Motion to Dismiss. Defendant shall file its amended answer and affirmative defenses within ten (10) days in accord with the attached order. Signed by Judge Richard A. Lazzara on 1/23/2017. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

KAREN BEGLEY,
Plaintiff,
v.

CASE NO. 8:17-cv-137-T-26JSS

WAL-MART STORES EAST, LP,
Defendant.
/
ORDER
UPON DUE AND CAREFUL CONSIDERATION of the well-pleaded allegations of
the Plaintiff’s second amended complaint, including paragraph 7 (seven), which this Court must
accept as true at this early juncture of the proceedings, it is ORDERED AND ADJUDGED that
the Defendant’s Motion to Dismiss Negligent Mode of Operation (Dkt. 3) is denied. The issue
raised in the motion is more appropriately raised within the context of a motion for summary
judgment after the completion of discovery. Defendant shall file its amended answer and
affirmative defenses within ten (10) days of this order addressing the allegations of paragraph 7
(seven).
DONE AND ORDERED at Tampa, Florida, on January 23, 2017.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record