Diaz v. Nationstar Mortgage, LLC

Filing 14

ORDER denying as moot 11 motion to dismiss. This case is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close the file. Signed by Judge Roy B. Dalton, Jr. on 10/31/2014. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ARMANDO A. DIAZ,
Plaintiff,
v.

Case No. 6:14-cv-1479-Orl-37DAB

NATIONSTAR MORTGAGE, LLC.,
Defendant.
ORDER
This cause is before the Court on Nationstar’s Motion to Dismiss Amended
Complaint (Doc. 11), filed September 29, 2014.
On September 10, 2014, Plaintiff filed a Verified Complaint for Damages alleging
that Defendant had violated the Fair Debt Collection Practices Act, the Fair Credit
Reporting Act, and multiple state laws. (See Doc. 1.) On September 24, 2014, the Court
dismissed the Complaint sua sponte as an impermissible shotgun pleading. (See Doc. 7.)
The Court granted Plaintiff leave to file an amended complaint on or before October 10,
2014. (See id. at 2.) To date, Plaintiff has not done so.
On September 29, 2014, Defendant filed a Motion to Dismiss Amended Complaint.
(See Doc. 11.) Although the motion refers in name to Plaintiff’s “Amended Complaint,” it
does not cite to a docket entry for the pleading, as indeed, none exists. (See id.) The
Court subsequently directed the pro se Plaintiff to respond (see Doc. 13), but he did not.
Plaintiff has not filed an operative pleading, and the time for doing so has passed.
Accordingly, it is HEREBY ORDERED AND ADJUDED that:
1.

Nationstar’s Motion to Dismiss Amended Complaint (Doc. 11) is DENIED

AS MOOT.
2.

This case is DISMISSED WITHOUT PREJUDICE.

3.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on October 31, 2014.

Copies:
Pro se Party

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