Dyck-O'Neal, Inc. v. England

Filing 33

ORDER re 32 Stipulation of Dismissal filed by Brandt England. Plaintiff Dyck-O'Neal, Inc. and Defendant Brandt England's Stipulation for Order of Dismissal As to Count II of Defendant's Counterclaim Only 32 is GRANTED. Defen dant Brandt England is DIRECTED to file an amended answer, affirmative defenses, and counterclaim that removes the second counterclaim and otherwise comports with this Order on or before June 16, 2014. Plaintiff Dyck-O'Neal shall file a response thereto within seven (7) days of receiving the amended answer. Signed by Judge Sheri Polster Chappell on 6/9/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DYCK-O’NEAL, INC.,
Plaintiff,
v.

Case No: 2:15-cv-27-FtM-38DNF

BRANDT ENGLAND,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff Dyck-O'Neal, Inc. and Defendant
Brandt England's Stipulation for Order of Dismissal As to Count II of Defendant's
Counterclaim Only (Doc. #32) filed on June 8, 2015. Plaintiff commenced this deficiency
judgment action on June 30, 2014. (Doc. #3). In response, Defendant filed an answer,
affirmative defenses, and two counterclaims. (Doc. #28). The parties now stipulate to
dismissing the second counterclaim – i.e., violation of the Florida Consumer Collection
Practices Act, Fla. Stat. § 559.55 – with each party to bear its own attorney's fees and
costs.
Accordingly, it is now
ORDERED:

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(1) Plaintiff Dyck-O'Neal, Inc. and Defendant Brandt England's Stipulation for
Order of Dismissal As to Count II of Defendant's Counterclaim Only (Doc. #32)
is GRANTED.
(2) Defendant Brandt England is DIRECTED to file an amended answer,
affirmative defenses, and counterclaim that removes the second counterclaim
and otherwise comports with this Order on or before June 16, 2014. Plaintiff
Dyck-O'Neal shall file a response thereto within seven (7) days of receiving
the amended answer.
DONE and ORDERED in Fort Myers, Florida this 9th day of June, 2015.

Copies: All Parties of Record

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