Opinion
CASE NO. 10-24011-CV-KING.
November 23, 2010
ORDER GRANTING DEFENDANT RUBIO'S MOTION TO DISMISS
THIS CAUSE comes before the Court upon Defendant Rhina Rubio's Motion to Dismiss (DE #6) filed November 5, 2010. Therein, Defendant Rubio states that she was fraudulently joined to Plaintiff's Complaint (DE #1) and was sued in her personal capacity for unspecified conduct under circumstances which no legal theory supports.
Plaintiff's failed to respond timely to Defendant Rubio's Motion to Dismiss.
Upon review of Plaintiff's Complaint, which was removed to this Court by Defendants on November 5, 2010, the Court must agree that dismissal of Defendant Rubio is appropriate. There are simply no factual allegations pertinent to Defendant Rubio. Instead, the Complaint simply states that Rubio "was and is employed as Store Manager at the Sears Southland Mall Store, No. 01365 . . ." Compl. ¶ 4. Such a dearth of factual allegations is necessarily insufficient to state a cause of action.
Given that Plaintiff is not a proper party to this action, removal to this Court was proper under the theory of fraudulent joinder. Accordingly, after careful consideration and the Court being otherwise fully advised, it is ORDERED, ADJUDGED, and DECREED that Defendant Rhina Rubio's Motion to Dismiss (DE # 6) be, and the same is, GRANTED. Plaintiff's Complaint as to Defendant Rubio only is therefore DISMISSED. DONE AND ORDERED in Chambers, at Miami, Miami-Dade County, Florida, this 23d day of November, 2010.