Porter v. The City of Port Orange et al

Filing 56

ORDER -- Plaintiff is DIRECTED to respond to Defendants WKMG TV Local 6 and My News 13's Motion to Dismiss (Doc. 44) on or before, Friday, November 4, 2016. Signed by Judge Roy B. Dalton, Jr. on 10/26/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
HOWARD PORTER,
Plaintiff,
v.

Case No. 6:15-cv-1715-Orl-37DCI

WESH 2, BAY NEWS 9, MY NEWS 13,
WKMG TV LOCAL 6, TRAVELL
EILAND, SHAUN CHAIYBHAT, BLAINE
TOLISON, SAUL SENZ, LACY
MCLAUGHLIN, and KATIE KURSTAIN,
Defendants.
ORDER
This cause is before the Court on its own motion.
Plaintiff initiated the instant action on October 13, 2015, against twenty-one
defendants. 1 (Doc. 1.) On October 4, 2016, Defendants WKMG TV Local 6 and
My News 13 moved for dismissal on grounds that the complaint: (1) is an improper
shotgun pleading; and (2) fails to allege sufficient facts to state claims upon which relief
may be granted. (Doc. 44 (“MTD”).) Plaintiff’s response to the MTD was due on or before
August 21, 2016. Local Rule 3.01(b) (requiring a party opposing a motion to file a
response within 14 days after service of the motion); see also Fed. R. Civ. P. 6(d)
(providing three additional days to respond). The filing deadline has now passed, and
Plaintiff has yet to file a response in opposition to the MTD.

1

Subsequently, Plaintiff filed two distinct amended complaints (Docs. 23, 24) and
moved to separate the latter complaint to initiate a second action. (Doc. 22 (“Motion to
Separate”).) On August 1, 2016, U.S. Magistrate Judge David A. Baker granted Plaintiff’s
Motion to Separate and directed the Clerk to open this docket. (See Docs. 22, 27.)

Nonetheless, in light of Plaintiff’s pro se status, the Court will permit Plaintiff to file
a late response. Accordingly, Plaintiff is DIRECTED to respond to Defendants
WKMG TV Local 6 and My News 13’s Motion to Dismiss (Doc. 44) on or before, Friday,
November 4, 2016. Failure to file such response will result in dismissal of this action
without further notice.
IT IS SO ORDERED.
DONE AND ORDERED in Chambers in Orlando, Florida, on October 26, 2016.

Copies:
Pro Se Parties
Counsel of Record

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