PNC Bank National Association v. Orange Thorpe Investments, LLC et al

Filing 24

ORDER. Plaintiff's Motion to Strike Answer (Doc. 22) is GRANTED, and the Answer filed by Defendant Lost Lake Professional Village Condominium Association, Inc. (Doc. 20) is hereby STRICKEN, but shall remain as filed. In an abundance of caution, the Clerk is directed to mail a copy of this Order to Defendant's counsel at his address of record. Signed by Magistrate Judge Philip R. Lammens on 1/23/2017. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
PNC BANK NATIONAL
ASSOCIATION, a national banking
association, successor-by-merger with
RBC Bank (USA) a North Carolina statechartered bank, successor-by-merger
with Florida Choice Bank, a Florida
state-chartered bank
Plaintiff,
v.

Case No: 5:16-cv-580-Oc-PGB-PRL

ORANGE THORPE INVESTMENTS,
LLC, LOST LAKE PROFESSIONAL
VILLAGE CONDOMINIUM
ASSOCIATION, INC. and LOST LAKE
RESERVE COMMERCIAL
PROPERTY OWNERS ASSOCIATION,
INC.
Defendants.

ORDER
This foreclosure action is before the Court for consideration of Plaintiff’s Motion to Strike
Answer (Doc. 22).

Previously, Defendant Lost Lake Professional Village Condominium

Association, Inc. was directed to show cause, by written response filed on or before January 17,
2017, why Plaintiff’s motion to strike should not be granted. (Doc. 23). Defendant has not
responded, and the time for responding has expired.
As Plaintiff notes in its motion, the Defendant failed to file a timely response to the
Complaint. Following Plaintiff’s motion for Entry of Default, the Clerk entered Default against
the non-appearing defendants, including Lost Lake Professional Village Condominium

Association, Inc., on November 17, 2016. (Doc. 19). On November 30, 2016, an Answer was
filed on behalf of Lost Lake Professional Village Condominium Association, Inc., however, the
Defendant did not move to set aside the entry of default or seek leave of court to file its Answer.
Plaintiff thus requests that the Answer be stricken.

Meanwhile, the Court notes that the

Defendant, despite being represented by counsel, has not responded to the motion to strike, has
not responded to the Court’s show cause Order, and has failed to make any other appearance in
this case aside from the untimely filing of the Answer on November 30, 2016.
Accordingly, Plaintiff’s Motion to Strike Answer (Doc. 22) is GRANTED, and the Answer
filed by Defendant Lost Lake Professional Village Condominium Association, Inc. (Doc. 20) is
hereby STRICKEN, but shall remain as filed. In an abundance of caution, the Clerk is directed
to mail a copy of this Order to Defendant’s counsel at his address of record.
DONE and ORDERED in Ocala, Florida on January 23, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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