SMITH v. WAL-MART STORES INC

Filing 22

ORDER: re 14 MOTION for Leave to File an Amended Supplemental Complaint filed by BRANDON RICARDO SMITH is GRANTED. Clerk directed to send Plaintiff blank copy of Employment Discrimination Complaint Form for pro se litigants. P laintiff shall file completed second amended complaint w/identical copy. Defendant required to file response w/n 14 days of service of second amended complaint. (Amended Pleadings due by 5/4/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 4/16/2012. (jws) (Complaint form per order sent to Plaintiff.)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
BRANDON RICARDO SMITH,
Plaintiff,
v.

CASE NO. 1:11-cv-226-MP-GRJ

WAL-MART STORES, INC.
Defendant.
_____________________________/
ORDER
This case is before the Court on doc. 14, Plaintiff’s Motion For Leave to File An
Amended Supplemental Complaint To Add Additional Relevant Matters. Plaintiff has
filed a proposed First Amended Complaint, doc. 15, which includes an additional count
alleging retaliation pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000 et seq. However, Plaintiff has not included in his First Amended
Complaint the claims alleged in his original complaint. Defendant has filed a response,
doc. 19, and does not object so long as Plaintiff is directed to include all of his claims in
one complaint.
Plaintiff will be permitted to amend his complaint but will be required to file a
further amended complaint, which includes all of his claims in this case in one
document so that the Defendant will only be required to respond to one complaint.
Therefore, to amend the Complaint, Plaintiff must fill out the complaint form,
marking it “Second Amended Complaint.” Plaintiff is advised that the second amended
complaint must contain all of Plaintiff’s claims set forth in separately numbered
paragraphs and should not in any way refer to the original Complaint or refer to the first

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amended complaint. If the claim is not included in the Second Amended Complaint it
will not be considered to be a claim in this case.
Accordingly, upon due consideration, it is ORDERED :
1.

Plaintiff’s Motion For Leave to File An Amended Supplemental Complaint
To Add Additional Relevant Matters, doc. 14, is GRANTED.

2.

The Clerk is directed to send Plaintiff a blank copy of Employment
Discrimination Complaint Form to be used by pro se litigants in actions
filed under 42 U.S.C. § 2000e, et seq., and instructions.

3.

Plaintiff shall fully complete the complaint form. In amending the
Complaint, Plaintiff shall not refer back to the original Complaint or the
first amended complaint and shall not incorporate any part of the original
Complaint or first amended complaint by reference. Plaintiff shall file the
second amended complaint, together with an identical copy of the second
amended complaint, on or before May 4, 2012.

4.

Defendant shall be required to file a response to the Second Amended
Complaint within 14 days of the service of the second amended
complaint.

DONE AND ORDERED this 16th day of April, 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:11-cv-226-MP-GRJ