Vanslambrouck et al v. Fairfield Industries Incorporated, No. 2:2011cv00076 - Document 34 (M.D. Fla. 2011)

Court Description: OPINION AND ORDER granting 16 First Amended MOTION to dismiss as to Count I and the first Count IV, which are dismissed without prejudice. The Court will take the personal jurisdiction portion of the motion under advisement. Plaintiff shall file a response to this portion within 14 days. Signed by Judge John E. Steele on 6/15/2011. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SCOTT VANSLAMBROUCK, VANSLAMBROUCK, STACI Plaintiff, vs. Case No. 2:11-cv-76-FtM-29SPC FAIRFIELD INDUSTRIES INCORPORATED, Defendant. ___________________________________ OPINION AND ORDER This matter comes before the Court on Defendant s First Amended Motion to Dismiss Plaintiff s Complaint (Doc. #16) filed on April 1, 2011. For the reasons set forth in the Opinion and Order (Doc. #32) filed June 15, 2011, the Court finds that the Jones Act claims are not sufficiently pled. Therefore, Count I and the first Court IV are dismissed without prejudice. The other counts are not premised on the Jones Act, and defendant has presented no reason why these counts fail to state a claim. Since plaintiff has not had the opportunity to respond to the personal jurisdiction argument, the Court will take that portion of the motion under advisement. Accordingly, it is now ORDERED: 1. Defendant s First Amended Motion to Dismiss Plaintiff s Complaint (Doc. #16) is GRANTED as to Count I and the first Count IV, which are dismissed without prejudice. 2. The Court will take the personal jurisdiction portion of the motion under advisement. Plaintiff shall file a response to this portion of the motion within FOURTEEN (14) DAYS of the date of this Opinion and Order. DONE AND ORDERED at Fort Myers, Florida, this June, 2011. Copies: Counsel of record -2- 15th day of

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