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Labor: Fair Standards | Florida Southern
- Order (PAPERLESS or pdf attached)
PAPERLESS ORDER dismissing Counts I and II of Plaintiff's Amended Complaint pursuant to Plaintiff's Notice of Voluntary Dismissal. Signed by Judge Darrin P. Gayles on 6/29/2026. (hs01)
Order on Motion to Dismiss for Failure to State a Claim
PAPERLESS ORDER granting 16 Defendant CBIZ's Motion to Dismiss Plaintiff's First Amended Complaint and 17 Defendants Marco Muniz's Motion to Dismiss Plaintiff's First Amended Complaint. There are two named Defendants in this action: CBIZ MHM LLC ("CBIZ") and Marco Munis ("Munis"). However, in Count III of the First Amended Complaint, 7 , the only remaining claim in this action, Plaintiff alleges that "Defendant" failed to pay her minimum and overtime wages. Plaintiff's failure to "specify[] which of the defendants [is] responsible for which acts or omissions, or which of the defendants the claim is brought against[,]" Weiland v. Palm Beach Cty. Sheriff's Off., 792 F.3d 1313, 1320 (11th Cir. 2015), makes it impossible for CBIZ and Munis to be on notice of the claims against them. Accordingly, the Amended Complaint is dismissed without prejudice.
Plaintiff shall have until July 13, 2026, to seek leave to amend her complaint. Failure to do so shall result in dismissal of this action with prejudice and without further notice. Signed by Judge Darrin P. Gayles on 6/29/2026. (hs01)
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