Certain Underwriters at LLoyd's of London, UK subscribing to Policy No. B1230AP56189A14 v. Fire & Life Safety America, Inc.

Filing 34

ORDER denying as moot 25 Motion to Dismiss for Failure to State a Claim and Motion for Hearing. Signed by Judge Roy B. Dalton, Jr. on 5/9/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CERTAIN UNDERWRITERS AT
LLOYD’S OF LONDON, UK
SUBSCRIBING TO POLICY NO.
B1230AP56189A14,
Plaintiffs,
v.

Case No. 6:16-cv-258-Orl-37GJK

FIRE & LIFE SAFETY AMERICA,
INC.; and OCEAN WALK RESORT
CONDOMINIUM ASSOCIATION, INC.,
Defendants.
ORDER
This cause is before the Court on the following:
1.

Defendant’s, Fire & Life Safety America, Inc., Motion to Dismiss Plaintiff’s
Complaint and Motion for Hearing (Doc. 25), filed April 22, 2016; and

2.

Plaintiff’s Second Amended Complaint (Doc. 33), filed May 5, 2016.

On April 22, 2016, Defendant Fire & Life Safety America, Inc. (“Fire, Inc.”) moved
to dismiss Plaintiff’s First Amended Complaint (Doc. 6). (Doc. 25 (“Motion to Dismiss”).)
Upon stipulation between Plaintiff and Fire, Inc. (Doc. 28), Plaintiff subsequently filed a
Second Amended Complaint (Doc. 33 (“SAC”)), which is now the operative pleading in
the case. In light of the SAC, the pending Motion to Dismiss is due to be denied as moot.
Accordingly, it is hereby ORDERED AND ADJUDGED that Defendant’s, Fire &
Life Safety America, Inc., Motion to Dismiss Plaintiff’s Complaint and Motion for Hearing
(Doc. 25) is DENIED AS MOOT. Defendant Fire & Life Safety America is DIRECTED file
a responsive pleading to Plaintiff’s Second Amended Complaint (Doc 33) on or before

Thursday, May 26, 2016.
DONE AND ORDERED in Chambers in Orlando, Florida, on May 9, 2016.

Copies:
Counsel of Record

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