Veltre v. Sliders Seaside Grill, Inc.
Filing
16
ORDER finding as moot 4 Motion to Dismiss for Failure to State a Claim; directing Clerk to terminate 14 Report and Recommendation. See Order for details. Signed by Judge Timothy J. Corrigan on 2/10/2016. (ALB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
JESSICA VELTRE,
Plaintiff,
v.
Case No. 3:15-cv-1102-J-32JBT
SLIDERS SEASIDE GRILL, INC.,
Defendant.
ORDER
THIS CAUSE is before the Court on Defendant Sliders Seaside Grill, Inc.’s
Motion to Dismiss Plaintiff’s Complaint (Doc. 4), filed on October 9, 2015, and the
Report and Recommendation by the assigned United States Magistrate Judge (Doc.
14), filed on January 26, 2016. Defendant filed an Answer, Affirmative Defenses, and
Counterclaim on February 8, 2016. (Doc. 15.)
“A defendant is not required to file an answer until [the] court disposes of the
motion to dismiss.” Smith v. Bank of America, N.A., No. 2:11-cv-676-FtM-29DNF, 2014
WL 897032, at *9 (M.D. Fla. Mar. 6, 2014) (citing Lockwood v. Beasley, 211 F. App’x
873 (11th Cir. 2006)). Where, as here, an Answer was filed prior to the resolution of
the motion to dismiss, the motion becomes moot. See id. (“An Answer filed
contemporaneously with the filing of a Motion to Dismiss renders the motion moot and
makes it procedurally impossible for the Court to rule on the motion to dismiss.”
(quotation marks omitted)); Zucco Partners, LLC v. Findwhat.com, Nos. 2:05-cv-201FtM-29DNF, 2:05-cv-213-FtM-29DNF, 2:05-cv-233-FtM-29DNF, 2:15-cv-236-FtM-
29DNF, 2:05-cv-271-FtM-29DNF, 2005 WL 5921170, at *1 n.2 (M.D. Fla. July 27,
2005) (denying as moot defendants’ motions to dismiss in light of answers filed by
defendants).
Accordingly, it is hereby
ORDERED:
1.
Defendant’s Motion to Dismiss (Doc. 4) is MOOT.
2.
The Clerk is directed to terminate the Report and Recommendation (Doc.
14).
DONE AND ORDERED in Jacksonville, Florida the 10th day of February,
2016.
ab
Copies:
Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of record
2
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