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Civil Rights: Jobs | Florida Middle
Order on Motion to Dismiss
ORDER. Defendant's motion to dismiss (Dkt. 19) is GRANTED in part and DENIED without prejudice in part. The motion is granted in that the second amended complaint (Dkt. 16) is DISMISSED without prejudice. The motion is otherwise denied without prejudice. On or before July 17, 2026, if she can do so in good faith, Plaintiff may file a third amended complaint that remedies all the pleading deficiencies addressed in this order. The third amended complaint shall fully comply with all applicable rules of federal procedure. The court allows Plaintiff to file a third amended complaint clarifying that count one pleads a disparate treatment claim and does not plead a hostile work environment claim, count two pleads a procedural due process claim and does not plead a substantive due process claim, and count three pleads use and disclosure theories under the ECPA and does not plead an interception theory. Because the deadline for amending the pleadings in this case expired on December 1, 2025, (Dkt. 23 at 1), Plaintiff shall exclude from the third amended complaint any other claims, unless prior to filing the third amended complaint, Plaintiff satisfies the Federal Rules of Civil Procedure by establishing "good cause" and obtaining "the [court]'s consent," Fed. R. Civ. P. 16(b)(4), through a motion that fully complies with all applicable Local Rules, including Local Rule 3.01. The court cautions Plaintiff: "[A]n order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the deadline to amend expires without the plaintiff amending its complaint or seeking an extension of time." Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-20 (11th Cir. 2020). If the third amended complaint brings a claim without correcting all pleading deficiencies identified in this order related to that claim or if the third amended complaint fails to comply with this order in any way, the court may dismiss the third amended complaint without notice to Plaintiff. Signed by Judge Julie S. Sneed on 6/30/2026. (AJL)
Other Statutory Actions | Florida Southern
Order Referring Case to Magistrate Judge
ORDER REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for Report and Recommendation. Signed by Judge Ed Artau on 6/15/2026. See attached document for full details. (cwc)
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