Emmanuel v. Charter Bank, NA et al

Filing 32

ORDER adopting Report and Recommendations - re 30 Report and Recommendations. Denying as moot 31 Motion to extend time; Granting 23 motion to dismiss Plaintiff's Amended Complaint. Plaintiff's claims under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Truth in Lending Act are DISMISSED. This case is REMANDED to the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, Case Number 2016-CA-9948. The Clerk is DIRECTED to close this case. Signed by Judge Carlos E. Mendoza on 9/22/2017. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION YOLANDA Y. EMMANUEL, Plaintiff, v. Case No: 6:16-cv-2165-Orl-41KRS CHARTER BANK, NA, LLP MORTGAGE LTD and MGC MORTGAGE, INC., Defendants. / ORDER THIS CAUSE is before the Court on Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint (Doc. 23). United States Magistrate Judge Karla R. Spaulding submitted a Report and Recommendation (Doc. 30), in which she recommends that the Court grant the motion, dismiss Plaintiff’s federal claims, and remand Plaintiff’s state law claims. After a de novo review of the record, and noting that no objections were timely filed, the Court agrees entirely with the analysis set forth in the Report and Recommendation. Therefore, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 30) is ADOPTED and CONFIRMED and made a part of this Order. 2. Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint (Doc. 23) is GRANTED. 3. Plaintiff’s claims under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Truth in Lending Act are DISMISSED. Page 1 of 2 4. This case is REMANDED to the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, Case Number 2016-CA-9948. 5. The Clerk is DIRECTED to close this case. 6. Defendants’ Motion for Additional Enlargement of Time to Serve Initial Disclosures (Doc. 31) is DENIED as moot. DONE and ORDERED in Orlando, Florida on September 22, 2017. Copies furnished to: Counsel of Record Unrepresented Party Page 2 of 2

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