Sanchez v. Maldonado Brothers, Inc.

Filing 26

ORDER granting 15 Plaintiff's Motion Seeking Leave to File and Serve First Amended Complaint; ORDER denying as moot 13 Defendants' Motion to Dismiss in light of First Amended Complaint. Please see Order for details. Defendants' response to the First Amended Complaint due by 5/28/2013. Signed by Judge Robin S. Rosenbaum on 5/10/2013. (bon)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 13-20567-CIV-ROSENBAUM/HUNT

WINSTON WILFREDO SANCHEZ, and all
others similarly situated under 29 U.S.C. 216(B),
Plaintiff,
vs.
MALDONADO BROTHERS, INC., d/b/a Auto
Wax of South Florida, and BRINOLFO
MALDONADO,
Defendants.
_______________________________________/
ORDER ON MOTION TO AMEND
This matter is before the Court on Plaintiff’s Motion Seeking Leave to File and Serve First
Amended Complaint [D.E. 15]. Plaintiff seeks to amend his Complaint to add claims against
Defendants under Florida state law. D.E. 15 at 1. Defendants oppose any amendment prior to
consideration of its Motion to Dismiss [D.E. 13], filed on April 1, 2013.
Rule 15, Fed. R. Civ. P., provides that a party may amend a pleading “once as a matter of
course” within twenty-one days of service of a motion under Rule 12(b). Plaintiff filed his Motion
seeking leave to amend his Complaint, with the Amended Complaint attached as an exhibit, on April
10, 2013—within twenty-one days of Defendants’ Motion to Dismiss under Rule 12(b)(6).
Accordingly, Plaintiff is entitled to file his Amended Complaint as a matter of right.
Therefore, it is ORDERED and ADJUDGED that Plaintiff’s Motion Seeking Leave to File
and Serve First Amended Complaint [D.E. 15] is GRANTED. Plaintiff’s First Amended Complaint
shall be deemed filed as of April 10, 2013. In light of Plaintiff’s Amended Complaint, Defendants’

Motion to Dismiss [D.E. 13] is DENIED AS MOOT. Defendants shall respond to Plaintiff’s
Amended Complaint no later than May 28, 2013.
DONE and ORDERED at Fort Lauderdale, Florida, this 10th day of May 2013.

ROBIN S. ROSENBAUM
UNITED STATES DISTRICT JUDGE
Copies:
The Honorable Patrick M. Hunt
Counsel of Record