Opinion
CASE NO. 5:20-CV-36 (MTT)
04-03-2020
PASHION WILLIAMS, Plaintiff, v. EAN HEALTH SERVICES, LLC, et al., Defendants.
ORDER
The Defendants have moved to dismiss individual Defendants Mulchek, Leder, Edwards, and Thompson. Doc. 8. If the Plaintiff wishes to respond, she must do so no later than April 30, 2020.
The Clerk is DIRECTED to mail a copy of the motion to dismiss (Doc. 8) and the answer (Doc. 9) to the pro se Plaintiff at her last known address. Thereafter, all notices or other papers may be served on the Plaintiff directly by mail at her last known address.
The Federal Rules of Civil Procedure require that a pleading contain a "short and plain statement of the claim showing that the pleader is entitled to relief." FED. R. CIV. P. 8(a)(2). To avoid dismissal pursuant to Rule 12(b)(6), a complaint must contain sufficient factual matter to "'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is facially plausible "when the court [can] draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (citing FED. R. CIV. P. 12(b)(6)). "Factual allegations that are merely consistent with a defendant's liability fall short of being facially plausible." Chaparro v. Carnival Corp., 693 F.3d 1333, 1337 (11th Cir. 2012) (internal quotation marks and citations omitted).
At the motion to dismiss stage, "all well-pleaded facts are accepted as true, and the reasonable inferences therefrom are construed in the light most favorable to the plaintiff." FindWhat Inv'r Grp. v. FindWhat.com., 658 F.3d 1282, 1296 (11th Cir. 2011) (internal quotation marks and citations omitted). But "conclusory allegations, unwarranted deductions of facts or legal conclusions masquerading as facts will not prevent dismissal." Wiersum v. U.S. Bank, N.A., 785 F.3d 483, 485 (11th Cir. 2015) (internal quotation marks and citation omitted). The complaint must "give the defendant fair notice of what the ... claim is and the grounds upon which it rests." Twombly, 550 U.S. at 555 (internal quotation marks and citation omitted).
Where there are dispositive issues of law, a court may dismiss a claim regardless of the alleged facts. Patel v. Specialized Loan Servicing, LLC, 904 F.3d 1314, 1321 (11th Cir. 2018) (citations omitted). Additionally, if the Plaintiff does not timely respond to the motion to dismiss, the Court may dismiss the claims against the individual Defendants.
SO ORDERED, this 3rd day of April, 2020.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT