Hancock Bank v. Lexon Homes, Inc. et al

Filing 39

ORDER adopting Report and Recommendation re 27 Report and Recommendation. Plaintiff's Complaint (Doc. No. 1) is dismissed without prejudice. Plaintiff may file an amended complaint within fourteen (41) days from the date of this Order which properly states the citizenship of defendants sufficient to evaluate jurisdiction and to eliminate the claims against the unknown parties. If Plaintiff does not file an amended complaint within this time, the case may be dismissed by the Court without further notice. Signed by Senior Judge Patricia C. Fawsett on 4/16/2013. (MTH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION HANCOCK BANK, a Mississippi banking corporation, Plaintiff, vs. CASE NO. 6:13-CV-318-ORL-19DAB LEXON HOMES, INC., a Florida corporation; JOSEPH KANTOR, an individual; MOSHE ZIV, an individual; jointly and severally; CITY OF ORLANDO, et al., Defendants. ORDER This case was considered by the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. No. 27, filed March 19, 2013). No objection to said Report and Recommendation was filed. Upon consideration, it is ORDERED that the Report and Recommendation (Doc. No. 27) is ADOPTED and AFFIRMED. Plaintiff's Complaint (Doc. No. 1, filed February 22, 2013) is DISMISSED without prejudice for failure to properly allege the citizenship of defendants sufficient to evaluate jurisdiction. Plaintiff may file an amended complaint within fourteen (14) days from the date of this Order which properly states the citizenship of defendants sufficient to evaluate jurisdiction and to eliminate the claims against the unknown parties. If Plaintiff does not file an amended complaint within this time, the case may be dismissed by the Court without further notice. DONE AND ORDERED at Orlando, Florida, this 16th day of April, 2013. Copies to: Counsel of Record

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