Lorenzo v. Levy et al
Filing
11
ORDER adopting Report and Recommendations re 6 Report and Recommendations; granting 10 Motion for Extension of Time to File Amended Complaint. Dismissing 1 Complaint without prejudice; (Amended Complaint due by 2/10/2025.) denying as moo t without prejudice 3 Motion for Leave to Proceed in forma pauperis; granting 9 Motion for Referral to Volunteer Attorney Program. Signed by Judge Kathleen M. Williams on 1/27/2025. See attached document for full details. (ls)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-24647-CV-WILLIAMS
MADELIN LORENZO,
Plaintiff,
v.
TESSA LEVY, et al.,
Defendants.
____________________________________/
ORDER
THIS MATTER is before the Court on Chief Magistrate Judge Jonathan
Goodman’s Report and Recommendations (DE 6) (“Report”) recommending sua sponte
dismissal of Plaintiff Madelin Lorenzo’s (“Lorenzo”) Complaint (DE 1) without prejudice.
In the Report, Judge Goodman recommends that the Complaint be dismissed or failure
to state a claim. (DE 6 at 2.) Specifically, Judge Goodman finds that Plaintiff has: (1)
failed to clearly identify the relevant state/city/county laws implicated in this action; (2)
failed to identify which counts are asserted against which Defendants; and (3) failed to
specify what each Defendant did or did not do. (Id. at 7.) Judge Goodman further finds
that Plaintiff has failed to adequately plead her FLSA claim and the Court’s subject
matter jurisdiction. (Id. at 9.) Ultimately, Judge Goodman recommends that the Court
sua sponte dismiss the Complaint without prejudice and deny Plaintiff’s pending Motion
to Proceed In Forma Pauperis (DE 3) as moot without prejudice. (Id. at 12.)
Plaintiff did not file objections to the Report but filed a Motion for Extension of
Time to File Amended Complaint (“Motion for Extension of Time”). (DE 10.) It is
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unclear from the Motion for Extension of Time whether Plaintiff seeks more time to file
an amended complaint or to object to the Report. Nonetheless, upon a careful review of
the Report, the record, and applicable law, it is ORDERED AND ADJUDGED as follows:
1.
Judge Goodman’s Report (DE 6) is AFFIRMED AND ADOPTED.
2.
Plaintiff’s Motion for Extension of Time to File Amended Complaint (DE 10)
is GRANTED.
3.
Plaintiff’s Complaint (DE 1) is DISMISSED WITHOUT PREJUDICE. If
Plaintiff believes she can cure the deficiencies in the Complaint described
in the Report, she must do so by filing an amended complaint on or before
February 10, 2025. Failure to do so will result in dismissal of this action.
4.
Plaintiff’s Motion to Proceed In Forma Pauperis (DE 3) is DENIED AS
MOOT WITHOUT PREJUDICE. If Plaintiff files an amended complaint,
she may file a renewed motion to proceed in forma pauperis.
5.
Plaintiff’s Motion for Referral to the Volunteer Attorney Program (DE 9) is
GRANTED. However, Plaintiff must comply with Court orders and
deadlines even if she is unable to secure counsel.
DONE AND ORDERED in Chambers in Miami, Florida, on this 27th day
of January, 2025.
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Copies Furnished To:
Madelin Lorenzo
6845 SW 45th Lane
Unit 1
Miami, FL 33155
786-618-8877
Email: MadelinLorenzo1971@gmail.com
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