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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?