Latell v. Sovereign Bank et al

Filing 48

ORDER granting in part and denying in part 45 Plaintiff's Motion for Extension of Time and for Ruling on Defendants' Motions to Dismiss; granting in part and denying in part 46 Defendants' Agreed Motion for Extension of Time to F ile Amended Case Management Report. Plaintiff shall file a second amended complaint, or notice that no further amended complaint will be filed, on or before July 3, 2014. The parties are granted an extension until July 17, 2014 to file an amended case management report. Signed by Magistrate Judge Carol Mirando on 6/19/2014. (BLW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FRANK LATELL,
Plaintiff,
v.

Case No: 2:13-cv-565-FtM-29CM

PETER C. TRIANO and
SANTANDER BANK, NATIONAL
ASSOCIATION,
Defendants.
ORDER
Before the Court is Plaintiff’s Motion for Extension of Time and for Ruling on
Defendants’ Motions to Dismiss (Doc. 45) and Defendants’ Response (Doc. 47). Also
before the Court is Defendants’ Agreed Motion for Extension of Time to File Amended
Case Management Report (Doc. 46). For the reasons stated herein, the Motions are
granted in part and denied in part.
1.

Plaintiff’s Motion for Ruling or Extension of Time to File Second
Amended Complaint

Defendants have moved to dismiss pro se Plaintiff Frank Latell’s claims in the
Amended Complaint.

Docs. 24, 27, 28.

On March 20, 2014, Plaintiff filed a

supplemental response to Defendants’ standing argument, requesting leave to amend
his complaint to assert the claims in the names of Latell Croix Apartments, Ltd. and
Latell Peppertree Apartments, Ltd. Doc. 43.
On May 21, 2014, the Court took the Motions to Dismiss under advisement,
granted Plaintiff leave to further amend his complaint, and directed Plaintiff either

to file his second amended complaint or a notice that no further amended complaint
will be filed within 14 days of the Court’s Order. Doc. 44 at 2.
Rather than file a second amended complaint, Plaintiff filed the instant
Motion, requesting that the Court rule on the Motions to Dismiss prior to his filing
an amended complaint because Plaintiff does not want to incur legal fees for counsel
to file a second amended complaint on behalf of the partnership until he knows
whether or not he has standing to bring the lawsuit individually. Plaintiff further
requests that in the event the Court is unwilling to first rule on the Motions to
Dismiss, that Plaintiff is granted an additional 14 days to secure counsel and file a
second amended complaint.
The Court previously informed Plaintiff that it has taken the Motions to
Dismiss under advisement. The Court will, however, afford Plaintiff an additional
14 days to file a second amended complaint, if he wishes to do so, and will reserve
ruling on the Motions to Dismiss during that time period. If Plaintiff does not plan
to file a second amended complaint, he is directed to file a notice with the Court within
the 14-day time period that no further amendment will be filed.
2.

Defendants’ Motion for Extension to File Amended Case Management
Report

On February 28, 2014, the Court granted a request to stay discovery in this
matter for a period of 90 days because of the pending Motions to Dismiss challenging
personal jurisdiction, standing, and the legal sufficiency of the amended complaint,
and directed the parties to file an amended case management report after the
expiration of the 90 days. Docs. 27, 28, 41. The 90-day time period has expired.
Given this posture, the parties request that the Court grant a further extension of
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time to file an amended case management report until either Plaintiff has filed a
second amended complaint or the Court has denied the Motions to Dismiss.
In light of the extension of time for Plaintiff to file a second amended complaint,
the Court will grant the parties additional time to file an amended case management
report until after the Plaintiff has filed a second amended complaint or a notice that
no further amended complaint will be filed.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff’s Motion for Extension of Time and for Ruling on Defendants’

Motions to Dismiss (Doc. 45) is GRANTED to the extent that Plaintiff will be
permitted to file a second amended complaint, if he wishes, or a notice with the Court
that no further amended complaint will be filed, on or before on or before July 3, 2014;
the Motion is otherwise DENIED.
2.

Defendants’ Agreed Motion for Extension of Time to File Amended Case

Management Report (Doc. 46) is GRANTED IN PART and DENIED IN PART. The
parties are granted an extension until July 17, 2014 to file an amended case
management report.
DONE and ORDERED in Fort Myers, Florida on this 19th day of June, 2014.

Copies:
Counsel of record
Unrepresented parties
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