Plaintiff’s Motion for Leave to Amend

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MATHEW SELOVER

Plaintiff, 

vs. CASE NUMBER: 3:20-CV-4698-

TKW-HTC

 

ESCAMBIA COUNTY BOARD

OF COUNTY COMMISSIONERS and

RAYME EDLER, 

Defendants.

 /

PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT

COMES NOW, the Plaintiff, Mathew Selover (Selover) by and through the 

undersigned counsel and pursuant to Local Rules 7.1 and 15.1 of the United States 

District Court, Northern District of Florida (N.D. Fla. Loc. R.), hereby moves this 

Court for an Order granting leave to the Plaintiff to amend the Complaint, and in 

support thereof states as follows: 

1. Selover filed the instant Complaint in Escambia County, Florida Circuit 

Court on January 17, 2020 alleging Defendants violated, and continue 

to violate his constitutional rights, and that Defendants unlawfully 

retaliated against Plaintiff for filing a complaint against Defendant 

Edler. [ECF No. 1-3]. 

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2. Here, the defendants are the Escambia County Board of County 

Commissioners (the Board), and Rayme Edler (Edler), the Escambia 

County Medical Director, in her official, and individual capacities. 

3. Defendants removed this case to the Northern District of Florida, 

Pensacola Division, on or about March 11, 2020.

4. Subsequently, both the Board and Edler filed separate motions to 

dismiss the Complaint.

5. Neither Defendant has filed an Answer to the Complaint. 

6. In the meantime, Plaintiff has discovered additional information 

germane to the causes of action pleaded in the Complaint.

7. Additionally, said information is likely to address many of the 

arguments raised by Defendants in their respective motions to dismiss.

8. Accordingly, Plaintiff seeks to amend the Complaint. 

9. Plaintiff has not previously amended the Complaint. 

10. Pursuant to Federal Rule of Civil Procedure 15(a)(2), Defendants 

respective counsel has informed Plaintiff’s counsel that Defendants

have NO objection to the relief requested herein. 

11. This motion is made in good faith and not for purposes of delay.

12. This case is in its infancy and neither Defendant will suffer prejudice if 

the Court grants the relief requested herein. 

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13. Accordingly, Selover respectfully requests leave from the Court to 

amend the Complaint. Pursuant to N.D. Fla. Loc. R. 15.1, a copy of the 

proposed Amended Complaint has been filed separately. 

WHEREFORE, the Plaintiff, Mathew Selover, respectfully requests this 

Court grant leave to amend the Complaint, and all other relief deemed just and 

appropriate.

MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO 

AMEND COMPLAINT

Under the Federal Rules of Civil Procedure, a party is permitted to amend a 

complaint as a matter of course within 21 days of serving it, or within 21 days of 

service of a responsive pleading or 21 days after service of a motion under Rule 

12(b); otherwise, a complaint may be amended with the opposing party’s written 

consent, or the court’s leave. Fed. R. Civ. P. 15(a). Further, Rule 15 of the Federal 

Rules of Civil Procedure declares that leave to amend a complaint should be freely 

given by the Court when justice so requires. Fed. R. Civ. P. 15(a)(2); Foman v. 

Davis, 371 U.S. 178, 83 S.Ct. 227 (1962) (“Rule 15(a) declares that leave to amend 

'shall be freely given when justice so requires'; this mandate is to be heeded...”). “If 

the underlying facts or circumstances relied upon by a plaintiff may be a proper 

subject of relief, he ought to be afforded an opportunity to test his claim on the 

merits.” Id. “In the absence of any apparent...reason – such as undue delay, bad 

faith or dilatory motive on the part of the movant, repeated failures to cure 

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deficiencies by amendments previously allowed, undue prejudice to the opposing 

party..., futility of amendment, etc. – the leave sought should, as the rules require, 

be freely given. ” 

Here, while Plaintiff believes the Complaint is sufficiently pleaded despite the 

motions to dismiss, Plaintiff has discovered additional information which bolsters 

his claims, and addresses many of the arguments raised in the Defendants’ respective

motions to dismiss. Moreover, the Complaint, originally filed in state court, has not 

been previously amended. Finally, Defendants have provided written consent to the 

relief requested herein. 

This Motion is brought in good faith and not for the purpose of delay and in 

no way prejudices the Defendants. Further, permitting amendment will promote the 

efficient use of the Court’s, and the parties’ resources. Under the circumstances 

described above, justice so requires leave to amend. 

CONCLUSION

Accordingly, for the foregoing reasons, this Honorable Court should grant 

Plaintiff leave to amend the Complaint.

Respectfully submitted,

/s/ Jeremiah J. Talbott

JEREMIAH J. TALBOTT, ESQ.

Fla. Bar No. 0154784

CERTIFICATE OF GOOD FAITH

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Plaintiff’s Motion for Leave to Amend

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In accordance with N.D. Fla. Loc. R. 7.1(B), counsel for the Plaintiff hereby 

certifies that he contacted counsel for Defendants who has advised Defendants do 

not object to the relief requested herein.

Respectfully submitted,

/s/ Jeremiah J. Talbott

JEREMIAH J. TALBOTT, ESQ.

Fla. Bar No. 0154784

Law Office of Jeremiah J. Talbott, P.A.

900 East Moreno Street

Pensacola, FL 32503

(850) 437-9600 / (850) 437-0906 (facsimile)

Attorney for Plaintiffs

jjtalbott@talbottlawfirm.com

civilfilings@talbottlawfirm.com

CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(F)

In accordance with N.D. Fla. Loc. R. 7.1(F), counsel for the Plaintiff hereby 

certifies there are 705 words in this Motion and incorporated Memorandum, not 

including the case style, signature blocks, or certificates. 

/s/ Jeremiah J. Talbott

JEREMIAH J. TALBOTT, ESQ. 

Attorney for Plaintiffs

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 23rd day of April, 2020 a true and correct 

copy of the foregoing Motion for Leave was furnished to counsel for the Defendant

as listed below via CMC/ECF, E-Mail and U.S. Mail.

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Plaintiff’s Motion for Leave to Amend

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/s/ Jeremiah J. Talbott

JEREMIAH J. TALBOTT, ESQ.

SERVICE LIST

Stephanie Pidermann, Esquire

Lydecker Diaz

1221 Brickell Avenue, 19th Floor

Miami, FL 33131

sp@lydeckerdiaz.com

kg@lydeckerdiaz.com

ksm@lydeckerdiaz.com

Ian M. Corp, Esq.

Lydecker Diaz

495 Grand Blvd, Suite 206

Miramar, FL 32550

imc@lydeckerdiaz.com

ev@lydeckerdiaz.com

Cecily L. Kaffer, Esq.

The Kullman Firm

P.O. Box 1287

Mobile, AL 36633

clk@kullmanlaw.com

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