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Case 2:13-cv-00077-SPC-UAM Document 22 Filed 06/04/13 Page 1 of 2 PageID 103

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION



SHEDINA VEALE,

v.

FLORIDA DEPARTMENT OF HEALTH,


Defendant.


___________________________________/

ORDER

Case No: 2:13-cv-77-FtM-38UAM

This matter comes before the Court on Defendant's Motion to Dismiss the

Amended Complaint (Doc. #12) filed on April 9, 2013 and Plaintiff’s Motion to Strike

(Doc. #15) filed on April 22, 2013.

On March 13, 2013, Defendant filed a Motion to Dismiss (Doc. #6) Plaintiff’s

original Complaint. After that, Plaintiff filed an opposed Motion to Amend the Complaint

to correct certain deficiencies identified by Defendant in its Motion to Dismiss. (Doc.

#11). The Court has yet to issue a ruling on the Motion to Amend. Nonetheless,

Defendant filed a Motion to Dismiss the Amended Complaint (Doc. #12) on April 9,

2013. Plaintiff then filed a Motion to Strike the Motion to Dismiss the Amended

Complaint (Doc. #15) on the grounds that the filing of the Motion to Dismiss the

Amended Complaint was premature as the Court had not yet granted leave for Plaintiff

to file the Amended Complaint. The Court agrees and finds that the Motion to Dismiss

the Amended Complaint was filed in error as the Court had not yet granted leave for

Plaintiff to file an amended complaint. Thus, the Court grants Plaintiff’s Motion to Strike

Defendant’s Motion to Dismiss the Amended Complaint, and will allow Plaintiff to amend

his Complaint. Defendant shall respond to the Amended Complaint within the time

Case 2:13-cv-00077-SPC-UAM Document 22 Filed 06/04/13 Page 2 of 2 PageID 104

allowed pursuant to the Federal Rules. The amendment will moot the original Motion to

Dismiss the first Complaint.

Accordingly, it is now

ORDERED:

(1) Plaintiff’s Motion to Strike Defendant’s Motion to Dismiss the Amended

Complaint (Doc. #15) is GRANTED.

(2) Defendant's Motion to Dismiss the Amended Complaint (Doc. #12) is DENIED

as premature.

(3) Plaintiff’s Motion to Amend Complaint (Doc. #11) is GRANTED. The Clerk of

Court is directed to docket Plaintiff’s Amended Complaint and its exhibit

(Doc. #11-1, 11-2) as a separate entry in the CM/ECF system.

(4) Defendant’s Motion to Dismiss (Doc. #6) is DENIED AS MOOT.

DONE and ORDERED in Fort Myers, Florida this 3rd day of June, 2013.

Copies: All Parties of Record



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