Opinion
CASE NO: 8:08-cv-927-T-26TBM.
February 11, 2011
ORDER
Upon due consideration of the procedural history of this case, together with the pro se Plaintiffs' submission, it is ordered and adjudged that the Motion to Limit Defendants' Argument on Second Motion for Summary Judgment to "Newly Discovered' Evidence; And Motion to File a New Case Management Report" (Dkt. 103) are denied. What Plaintiffs do not realize is that the Eleventh Circuit reversed this Court's order dismissing her FMLA claim for failure to state a claim for relief pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. Consequently, because the Court has never considered this claim within the context of a motion for summary judgment, the Court will not place a limitation on the evidence Defendant may present in connection with such a motion.
DONE AND ORDERED at Tampa, Florida, on February 11, 2011.