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Contract: Other | Florida Middle
Order dismissing case
ENDORSED ORDER dismissing action without prejudice because the earlier Order 4 dismissing the Complaint as a shotgun pleading has now become a final order. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-722 (11th Cir. 2020) ("Hertz [Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126 (11th Cir. 1994)] establishes that an order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff seeking an extension. And when the order becomes a final judgment, the district court loses 'all its prejudgment powers to grant any more extensions' of time to amend the complaint. The only recourse for a plaintiff who seeks to set aside the final judgment is to appeal, Fed R. App. P. 3, move to alter or amend the judgment, Fed. R. Civ. P. 59(e), or move for relief from the final judgment, Fed. R. Civ. P. 60(b)." (emphasis added) (citations omitted)). The Clerk is directed to TERMINATE any pending motions and deadlines and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 2/22/2023. (MEV)
Notice to Counsel of Local Rule
NOTICE to counsel Christopher P. Galanek, Brian M. Underwood, Jr. Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LNR)
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