Wyatt v. Transworld Network, Corp.

Full title: JOHN WYATT, on his own behalf and others similarly situated, Plaintiff, v…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Aug 16, 2011

CASE NO: 8:11-cv-1459-T-26EAJ (M.D. Fla. Aug. 16, 2011)

Opinion

CASE NO: 8:11-cv-1459-T-26EAJ.

August 16, 2011

ORDER

RICHARD LAZZARA, District Judge

Upon due consideration of the well-pleaded allegations of count II of Plaintiff's first amended complaint, it is ordered and adjudged that Defendant's Motion to Dismiss Count II of Plaintiff's First Amended Complaint (Dkt. 15) is denied. Consistent with the ruling of the Court in Short v. Bryn Alan Studios, Inc., 2008 WL 2222319, *3 (M.D. Fla. 2008), cited by Defendant, this Court determines that the legal underpinning for the cause of action alleged in this count is Florida's common law. Accord Baker v. Fidelity Mtge. Direct Corp., 2011 WL 1560665, *2, n. 4 (M.D. Fla. 2011); Souder v. Premier Automotive on Atlantic, LLC, 2009 WL 691916, *3 (M.D. Fla. 2009).

Defendant's Motion to Strike (Dkt. 15) is denied for failure to comply with Local Rule 3.01(g). Moreover, Defendant has failed to demonstrate prejudice with regard to the alleged offending language. Defendant shall file its answer and defenses to Plaintiff's first amended complaint within ten (10) days of this order.

DONE AND ORDERED at Tampa, Florida.