Walthour et al v. Hillsborough County

Middle District of Florida, flmd-8:2017-cv-00038

ORDER granting {{18}} Motion for Reconsideration to the extent that the Court directs the Clerk to return this case to active status. Plaintiffs are directed to file an amended complaint by February 21, 2017. Signed by Judge Susan C Bucklew on 2/7/2017. (JD)

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PageID 176 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SAMMIE L. WALTHOUR and REGINALD A. EARL, Plaintiffs, v. Case No. 8:17-cv-38-T-24 TGW HILLSBOROUGH COUNTY, Defendant. ______________________________/ ORDER This cause comes before the Court on Plaintiffs' Motion for Reconsideration. (Doc. No. 18). Plaintiffs again request the Court to vacate its dismissal of this case. While the Court's dismissal without prejudice of the original complaint stands, the Court will reopen the case and grant Plaintiffs leave to amend to assert their claims in compliance with Federal Rule of Civil Procedure 8. The Court is not persuaded that additional discovery of information from the EEOC— regarding its opinion on whether the releases Plaintiffs signed are valid—is necessary to file a sufficient complaint. The amended complaint must provide a factual basis for the alleged discrimination and retaliation, as well as factual basis for their § 1983 claim. To be clear, this Court is not concluding that by allowing Plaintiffs to amend their complaint, the amended complaint will relate back to the original, deficient complaint. Once Defendant is served with the amended complaint, it will undoubtedly argue that the amended complaint does not relate-back to the original complaint, and as such, Plaintiffs should be prepared to address this issue once Defendant raises it. Accordingly, it is ORDERED AND ADJUDGED that: (1) Plaintiffs' Motion for Reconsideration (Doc. No. 18) is GRANTED TO THE PageID 177 EXTENT that the Court directs the Clerk to return this case to active status and directs Plaintiffs to file an amended complaint by February 21, 2017. (2) If Plaintiffs fail to file an amended complaint that satisfies Rule 8 by providing a sufficient factual basis for their claims, the Court will dismiss the amended complaint. DONE AND ORDERED at Tampa, Florida, this 7th day of February, 2017. Copies to: Counsel of Record 2