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)

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.

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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

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