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Other Fraud | Florida Middle
Order on Motion for Miscellaneous Relief
ORDER. Defendant's partial motion to dismiss (Dkt. 56) is GRANTED in part. Plaintiff's claim for breach of the implied covenant of good faith and fair dealing (Count III) is DISMISSED without prejudice. Plaintiff's claims on behalf those "that purchased a qualifying Yamaha E-bike" are DISMISSED without prejudice and without leave to amend. (Dkt. 55 at 20.) Any motion for class certification shall limit the class to purchasers of the 2024 Yamaha Wabash RT. The motion is otherwise DENIED. If Plaintiff wishes to submit a second amended complaint aimed at correcting the pleading deficiencies identified in this order, he shall do so on or before July 20, 2026. Because the deadline for amending the pleadings in this case expired on January 12, 2026, (Dkt. 44 at 1), Plaintiff shall exclude from the second amended complaint any claims not asserted in the amended complaint, unless prior to filing the second amended complaint, Plaintiff satisfies the Federal Rules of Civil Procedure by establishing "good cause" and seeking "the [court]'s consent," Fed. R. Civ. P. 16(b)(4), in a motion that fully complies with all applicable Local Rules. Defendant shall answer Plaintiff's amended complaint (Dkt. 55) on or before July 21, 2026. Signed by Judge Julie S. Sneed on 7/2/2026. (MSB)
Civil Rights: Accommodations | Florida Southern
Administrative Order
PAPERLESS ORDER administratively closing the case in light of 17 Joint Notice of Settlement, which indicates that this matter has settled in principle. Within thirty (30) days of this Order, the parties shall file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles on 7/2/2026. (ia00)
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