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Kyle Brennan Scientology Case - Judge Merryday Order Denying Motion to Dismiss 24 Jun 2009

Kyle Brennan Scientology Case - Judge Merryday Order Denying Motion to Dismiss 24 Jun 2009

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Published by AnonLover
Official proceedings document from the original Kyle Brennan wrongful death lawsuit related to Estate of Kyle Brennan et al v. Church of Scientology, et al. Published in the public domain in accordance with Plaintiff Ms. Brennan's wishes.
Official proceedings document from the original Kyle Brennan wrongful death lawsuit related to Estate of Kyle Brennan et al v. Church of Scientology, et al. Published in the public domain in accordance with Plaintiff Ms. Brennan's wishes.

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Published by: AnonLover on Feb 04, 2012
Copyright:Public Domain

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02/05/2012

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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDATAMPA DIVISIONESTATE OF KYLE THOMAS BRENNAN,Plaintiff,v.CASE NO: 8:09-cv-264-T-23EAJCHURCH OF SCIENTOLOGY FLAGSERVICE ORGANIZATION, INC., et al.,Defendants. _________________________________/ 
O R D E R
The plaintiff sues the Church of Scientology Flag Service Organization, Inc.,(the “Church”), Denise Miscavige Gentile, Gerald Gentile, and Thomas Brennan forwrongful death. The defendants move (Docs. 11 and 14) to dismiss the complaint, andthe plaintiff responds (Docs. 15 and 19) in opposition to the motions.As an initial matter, the Gentiles attach to their motion to dismiss a 259-pagereport (Doc. 11, ex. A) from the Clearwater Police Department. However, the report isneither central to the plaintiff’s claim nor referenced in the complaint. Consideration ofthe report would convert the Gentiles’ motion to dismiss into a motion for summary judgment. See Rule 12(d), Federal Rules of Civil Procedure. Because the parties maysubmit the report during the summary judgment stage (upon the completion ofdiscovery), consideration of the report is improper and premature. See Estate ofDuckett ex rel. Calvert v. Cable News Network, LLLP, 2008 WL 2959753, at *5 (M.D.Fla. July 31, 2008). Accordingly, the plaintiff’s motion (Doc. 16) to strike the report is
GRANTED
, and report (Doc. 11, ex. A) is
STRICKEN
.
Case 8:09-cv-00264-SDM-EAJ Document 28 Filed 06/24/2009 Page 1 of 3
 
- 2 -During resolution of a motion to dismiss, allegations in the complaint are assumedtrue and construed favorably to the opposing party. Beck v. Deloitte & Touche, 144F.3d 732 (11th Cir. 1998). Under the pleading standard of the Federal Rules of CivilProcedure, “[f]actual allegations must be enough to raise a right to relief above thespeculative level . . . on the assumption that all the allegations in the complaint are true(even if doubtful in fact).” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007).However, neither a conclusory allegation nor “a legal conclusion couched as a factualallegation” supports the sufficiency of a complaint. Papasan v. Allain, 478 U.S. 265,286 (1986); see also Ashcroft v. Iqbal, No. 07-1015, slip op. at 14 (U.S. May 18, 2009)(“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elementsof a cause of action will not do.’” (quoting Twombly, 550 U.S. at 555)).Construed favorably to the plaintiff, the complaint (Doc. 1) contains a “short, plainstatement of the claim showing that the pleader is entitled to relief.” See Rule 8,Federal Rules of Civil Procedure; Municipal Utils. Bd. v. Alabama Power Co., 934 F.2d1493, 1501 (11th Cir. 1991) (“[T]he alleged facts need not be spelled out withexactitude, nor must recovery appear imminent.”). Furthermore, the Church’s immunity,agency, disability, and causation defenses each require resolution of a factual issue,which is properly resolved by a motion for summary judgment (if undisputed) or by the jury. Accordingly, the defendants’ motions to dismiss are
DENIED
.
Case 8:09-cv-00264-SDM-EAJ Document 28 Filed 06/24/2009 Page 2 of 3

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