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Civil Rights: Other | Florida Southern
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Leave to File
PAPERLESS ORDER. This Cause is before the Court on 68 Plaintiff's Motion for Leave to File Third Amended Complaint filed on May 22, 2025 (DE 68). Plaintiff seeks leave to amend to streamline the case by reducing the number of claims from twenty-eight to six, address certain pleading deficiencies, and include new facts obtained since the filing of the Second Amended Complaint (DE 68 at 1). Defendants oppose the requested relief on the ground that further amendment would be futile (DE 74). "Leave to amend a complaint 'shall be freely given when justice so requires.'" Cibran Enters., Inc. v. BP Prods. N. Am., Inc., 365 F. Supp. 2d 1241, 1251 (S.D. Fla. 2005) (quoting Fed. R. Civ. P. 15(a)). Given that Plaintiff is proceeding pro se and this case remains in its early stages, the Court finds that it is in the interest of justice to allow Plaintiff to amend. Accordingly, Plaintiff's Motion for Leave to File Third Amended Complaint (DE 68) is GRANTED. Pursuant to Local Rule 15.1, Plaintiff shall separately file his Third Amended Complaint on the docket by July 13, 2026. It is further ORDERED that 50 Defendants' Joint Motion to Dismiss (DE 50) is DENIED AS MOOT. Signed by Magistrate Judge Ellen F. D'Angelo on 6/30/2026. (lpo)
Response in Opposition to Motion
RESPONSE in Opposition re 68 MOTION for Leave to File Third Amended Complaint filed by City of Miami, Madelyn, Inc.. Attorney Kenneth John Dorchak added to party City of Miami(pty:dft), Attorney Kenneth John Dorchak added to party Madelyn, Inc.(pty:dft). Replies due by 6/24/2026. (Dorchak, Kenneth)
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