559 Florida cases classified under this topic, plus 337 listed through its narrower topics · sorted by citation count · browse and sort
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The court held that federal probation officers are excluded from the Civil Service Reform Act and must pursue employment discrimination claims exclusively through their agency's Employee Dispute Resolution Plan, and that failure to do so deprives federal courts of subject-matter
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The court granted the plaintiff's motion for leave to amend his complaint and denied the defendant's motion to dismiss as moot.
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The court granted the plaintiff's motion for leave to file a second amended complaint.
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S.D. Fla.·
2023-08-14
The court granted the plaintiff's motion for leave to amend the complaint, finding no undue delay, prejudice, or futility in the proposed amendments.
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The Court holds that the Plaintiff's Complaint constitutes an impermissible shotgun pleading and must be stricken.
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S.D. Fla.·
2023-08-07
The court denied the plaintiff's motion for reconsideration because it failed to present new evidence or demonstrate manifest errors of law or fact, and instead sought to relitigate previously decided issues.
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The court denied the plaintiff's motion for leave to file a fourth amended complaint because the proposed claims for breach of contract and fraud were futile and insufficient on their face.
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The federal district court lacks subject matter jurisdiction to review a state court judgment under the Rooker-Feldman doctrine, even when a party seeks to amend their complaint.
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The Court holds that the plaintiff's complaint constitutes an impermissible shotgun pleading and must be stricken.
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The court denied plaintiffs' motion for leave to file an amended complaint because they failed to demonstrate good cause for the delay in seeking the amendment after the deadline had passed.
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The Court held that the Complaint constituted an impermissible shotgun pleading and must be stricken.
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The court granted plaintiffs' motion for leave to file a third amended complaint, allowing them to add a new defendant.
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The court granted the plaintiff's motion for leave to amend her complaint and denied the defendant's motion to dismiss as moot.
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The court held that a plaintiff's motion to amend a complaint to add a non-diverse defendant after removal should be denied if the plaintiff knew the defendant's identity before removal and the proposed claims against the new defendant are unlikely to succeed.
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M.D. Fla.·
2023-06-27
The court granted the plaintiff's request to file a second amended complaint, deeming it the operative pleading.
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The court granted Richard G. Jacobs' motion to intervene, finding it timely and that he stated a valid claim. The court denied the Estate's motion to amend its pleadings, finding it untimely and futile due to lack of standing. The court also granted-in-part and denied-in-part Pro
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The court granted the plaintiffs' motion for leave to file a third amended complaint.
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The court granted the parties' joint motion to amend their pleadings by interlineation to correct deficient jurisdictional allegations.
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S.D. Fla.·
2023-06-14
The court denied the plaintiffs' motion for reconsideration, allowing the defendant to amend its counterclaims to include additional patents.
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The court granted motions to dismiss, denying the plaintiff's request to amend and permanently enjoining him from filing new actions without prior court approval.
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The court granted Plaintiff's motion for leave to file a second amended complaint, finding she demonstrated good cause.
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A party seeking to amend its pleadings after a scheduling order deadline has passed must demonstrate good cause, which requires showing diligence in discovering the information supporting the amendment.
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Removal was timely because the thirty-day period began when the amended complaint became operative, not when it was prematurely filed. A subsequent abandonment of federal claims does not divest the court of jurisdiction established at the time of removal.
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The Court held that the plaintiff's Class Action Complaint constituted an impermissible shotgun pleading and must be stricken.
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The court held that the plaintiff's complaint constituted an impermissible shotgun pleading and failed to comply with local rules, requiring it to be stricken.
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The court held that leave to amend a complaint should be freely granted when justice requires, and the defendant did not demonstrate a substantial reason to deny the motion.
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The court granted the plaintiff's motion to amend her complaint to substitute a specific individual for the "John Doe" defendant, finding that the proposed amendment did not constitute fraudulent joinder and that denying it would prejudice the plaintiff.
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The court granted the voluntary dismissal of Uplift, LLC, but denied the request to correct service on Uplift, Inc., requiring an amended complaint.
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The court held that allegations of residency alone are insufficient to establish citizenship for diversity jurisdiction purposes.
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The court held that the plaintiffs' motion for leave to amend their complaint to add a Rule B claim was denied because they failed to demonstrate diligence after the scheduling order deadline expired.
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Samantha M. Markle sued her half-sister Meghan Markle for defamation based on statements in the book Finding Freedom and in Meghan's CBS interview with Oprah Winfrey, claiming false statements damaged her reputation and business. The court granted Meghan's motion to dismiss, ruli
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The court recommended dismissal of the case because the pro se plaintiff failed to state a claim upon which relief could be granted and repeatedly failed to comply with court orders to file an amended complaint.
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The court denied the plaintiff's motion to apply the crime-fraud exception to attorney-client and work-product privileges.
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The court held that the plaintiff failed to demonstrate good cause to amend her complaint after the scheduling order deadline had passed.
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S.D. Fla.·
2023-02-15
The court held that a pending appeal of a prior § 2255 motion's denial means the adjudication is not complete, allowing the current motion to be construed as an amendment.
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S.D. Fla.·
2023-02-13
The court held that a party seeking to amend a complaint after the deadline must show good cause under Rule 16(b), not just rely on Rule 15(a).
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M.D. Fla.·
2023-01-30
The court denied the plaintiff's motion to amend his supplemental complaint and affirmative defenses, finding undue delay, bad faith, and futility.
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M.D. Fla.·
2023-01-24
The court denied the plaintiff's motion for leave to amend the complaint and his motion for a court-appointed investigator.
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The court held that a plaintiff is entitled to at least one opportunity to amend a shotgun pleading before dismissal, and the Magistrate Judge properly afforded this opportunity.
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A motion to amend a complaint to add a nondiverse defendant after removal does not automatically require remand if the plaintiff failed to disclose the diversity-destroying nature of the amendment, allowing the court to reconsider joinder.
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The court held that a complaint alleging diversity jurisdiction is insufficient if it fails to properly plead the citizenship of all parties, including the members of an LLC, and that amendment would be futile if the plaintiff is a member of the defendant LLC, thus destroying com
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The court denied the plaintiff's motion for leave to amend the complaint because the plaintiff failed to demonstrate good cause for the untimely request, and granted in part the defendants' motion for an extension of time to serve expert disclosures.
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S.D. Fla.·
2022-12-16
The court held that the claim against Officer Rodriguez may proceed, but all other claims against the remaining defendants are dismissed with prejudice, with leave to amend for excessive force claims against unidentified officers.
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The court denied the plaintiff's motion for leave to file an amended complaint and modify the scheduling order because the plaintiff failed to demonstrate good cause for the delay.
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The court granted in part and denied in part the motion to dismiss, dismissing the Second Amended Complaint without prejudice due to shotgun pleading and withdrawn claims.
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The court denied the plaintiff's motions for clerk's default, permanent injunction, and summary judgment, and granted the plaintiff's motion to remove the demand for jury trial and monetary damages. The court granted in part and denied in part the defendant's motion to dismiss, d
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M.D. Fla.·
2022-11-14
The court granted in part and denied in part the plaintiff's motion, granting an extension for discovery responses and clarification on service, but denying reconsideration, leave to amend, and inclusion of COVID-19 arguments.
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The court denied Taco's motion to dismiss GEM's inequitable conduct counterclaim but granted GEM's motion to strike and dismiss Taco's reply counterclaim.
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M.D. Fla.·
2022-10-25
The court held that most claims are barred by the economic loss doctrine, but claims for damage to 'other property' caused by TritoCryl may proceed. Leave to amend was denied.
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The court held that Federal Rule of Civil Procedure 25(a) does not permit substitution when a plaintiff dies before the action is filed, but leave to amend under Rules 15 and 17 may be granted for an understandable mistake.