Begley v. Wal-Mart Stores East, LP

Middle District of Florida, flmd-8:2017-cv-00137

ORDER ATTACHED denying {{3}} Motion to Dismiss. Defendant shall file its amended answer and affirmative defenses within ten (10) days in accord with the attached order. Signed by Judge Richard A. Lazzara on 1/23/2017. (CCB)

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PageID 41 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KAREN BEGLEY, Plaintiff, v. CASE NO. 8:17-cv-137-T-26JSS WAL-MART STORES EAST, LP, Defendant. / ORDER UPON DUE AND CAREFUL CONSIDERATION of the well-pleaded allegations of the Plaintiff's second amended complaint, including paragraph 7 (seven), which this Court must accept as true at this early juncture of the proceedings, it is ORDERED AND ADJUDGED that the Defendant's Motion to Dismiss Negligent Mode of Operation (Dkt. 3) is denied. The issue raised in the motion is more appropriately raised within the context of a motion for summary judgment after the completion of discovery. Defendant shall file its amended answer and affirmative defenses within ten (10) days of this order addressing the allegations of paragraph 7 (seven). DONE AND ORDERED at Tampa, Florida, on January 23, 2017. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record