Matos v. C.W.C of Miami Inc. et al

Filing 32

ORDER granting 31 MOTION for Leave to File and Serve Second Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Amended Complaint due by 9/26/2017. Signed by Judge Robert N. Scola, Jr on 9/22/2017. (ail)

Case 1:17-cv-21609-RNS Document 32 Entered on FLSD Docket 09/25/2017 Page 1 of 1

United States District Court
for the
Southern District of Florida
Ramon Matos, Plaintiff,
v.
C.W.C. of Miami Inc. d/b/a Las
Palmas Restaurant and Mario
Ferrari Magalhaes, Defendants.

)
)
) Civil Action No. 17-21609-Civ-Scola
)
)

Order Granting Leave to Amend Complaint
Plaintiff Ramon Matos seeks leave from the Court to amend his
complaint (ECF No. 31). In accordance with Federal Rule of Civil Procedure
15(a)(2), a party seeking to amend its complaint may do so only with the
opposing party’s written consent or the court’s leave. According to the rule,
leave should be freely given when justice so requires. Rule 15(a) reflects a
policy of “liberally permitting amendments” and absent a “substantial reason to
deny leave to amend” a plaintiff’s request should be granted. Espey v.
Wainwright, 734 F.2d 748, 750 (11th Cir. 1984).
The Court notes that Matos’s request for leave is timely under the Court’s
scheduling order. This is a Fair Labor Standards Act case, and Matos seeks to
amend his complaint in order to add a claim for minimum wage violations
under Florida Statute § 448.110. Matos’s motion indicates that the Defendants
oppose the request for leave. However, the Defendants failed to respond to
Matos’s motion, and the time to do so has passed. In light of Rule 15(a)’s
directive that leave to amend be freely given, the Court grants Matos’s motion
(ECF No. 31). Matos must file the amended complaint as a separate docket
entry on or before September 26, 2017. Pursuant to Rule 15(a)(3), the
Defendants must file a response within fourteen days after service of the
amended pleading.
Done and ordered in chambers, at Miami, Florida, on September 22,
2017.
________________________________
Robert N. Scola, Jr.
United States District Judge