First Mutual Group, LP v. Kirkland

Filing 19

ORDER granting 11 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gregory A. Presnell on 5/12/2015. (JU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FIRST MUTUAL GROUP, LP,
Plaintiff,
v.

Case No: 6:14-cv-1761-Orl-31DAB

ERNEST KIRKLAND,
Defendant.

ORDER
This matter comes before the Court on Defendant’s Motion to Dismiss or for More Definite
Statement (“Motion”) (Doc. 11) filed on March 18, 2015. This Court’s Local Rule 3.01(b) gave the
Plaintiff fourteen days after service of the Motion to respond in opposition. Over a month later, on
April 29, 2015 Plaintiff responded in opposition without seeking leave of the Court. (Doc. 14). The
Defendant moved for the response to be stricken, which was granted on May 4, 2015. (Doc. 17).
The Plaintiff has not sought additional time from the Court to respond to the Motion and
accordingly, it is unopposed.
In consideration of the foregoing, it appearing that the Motion is meritorious and unopposed,
it is hereby ORDERED that the Motion (Doc. 11) is GRANTED, and the case is DISMISSED
WITHOUT PREJUDICE.
DONE and ORDERED in Chambers, Orlando, Florida on May 12, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Party

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