Dyer v. Stewart Title Guaranty Company et al

Filing 92

ORDER. Defendant Michael D. Garber's cross-claim against Defendant Harbor Funding Group, Inc. is DISMISSED without prejudice. 68 . Signed by Judge Sheri Polster Chappell on 6/10/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHELLE A. DYER,
Plaintiff,
v.

Case No: 2:11-cv-577-FtM-38DNF

HARBOR FUNDING GROUP, INC.
and MICHAEL D. GARBER,
Defendants.
/
ORDER1
This matter comes before the Court on review of the file. On September 3, 2013,
Defendant Michael D. Garber filed an Answer to Second Amended Complaint and
asserted a cross-claim against Defendant Harbor Funding Group, Inc. (Doc. #68 at 1314). To date, Defendant Harbor Funding has not answered the cross-claim.
On May 27, 2014, the Court ordered Defendant Garber to show cause why it
should not dismiss the cross-claim for improper service on Defendant Harbor Funding
and/or for failure to prosecute. (Doc. #88). Importantly, the Court cautioned Plaintiff that
his failure to comply with its Order would result in the dismissal of his cross-claim without
further notice. (Doc. #88). Despite the Court's caution, Defendant Garber has not filed a
response to the Court's Order (Doc. #88), and the time to do so has expired. The Court,

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or Web sites. These
hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in
CM/ECF are subject to PACER fees. By allowing hyperlinks to other Web sites, this Court does not
endorse, recommend, approve, or guarantee any third parties or the services or products they provide on
their Web sites. Likewise, the Court has no agreements with any of these third parties or their Web sites.
The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that
a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.

therefore, will dismiss Defendant Garber's cross-claim against Defendant Harbor Funding
Group, Inc. without prejudice.
Accordingly, it is now
ORDERED:
Defendant Michael D. Garber's cross-claim against Defendant Harbor Funding
Group, Inc. is DISMISSED without prejudice. (Doc. #68).
DONE and ORDERED in Fort Myers, Florida this 9th day of June, 2014.

Copies: All Parties of Record

2

3