Cedre v. Rushmore Loan Management Services LLC et al

Filing 32

ORDER denying as moot 30 motion to dismiss. Signed by Judge Roy B. Dalton, Jr. on 5/3/2017. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MARIE CEDRE, Plaintiff, v. Case No. 6:17-cv-511-Orl-37KRS RUSHMORE LOAN MANAGEMENT SERVICES, LLC; JAMES E. ALBERTELLI, P.A.; and CARLSAD FUNDING MORTGAGE TRUST, Defendants. ORDER This cause is before the Court on consideration of: (1) the Motion to Dismiss Case with Prejudice by Defendant James E. Albertelli, P.A. (Doc. 30), filed April 17, 2017; and (2) Plaintiff’s First Amended Class Action Complaint (Doc. 31), filed May 1, 2017. Plaintiff Marie Cedre initiated this action against Defendants James E. Albertelli, P.A. (“ALAW”), Rushmore Loan Management Services, LLC, and Carlsbad Funding Mortgage Trust, on December 16, 2016, in the U.S. District Court for the Southern District of Florida. (Doc. 1.) The action was transferred to this Court on March 22, 2017. (Doc. 21.) Defendant ALAW then filed a Motion to Dismiss on April 17, 2017 (“Motion”). (Doc. 30.) Pursuant to Federal Rule of Civil Procedure 15(a)(1)(b), Plaintiff timely responded to the Motion by filing an Amended Complaint. (Doc. 31.) Because the properly-filed Amended Complaint has rendered the Motion moot, the Court finds that the Motion is due to be denied. -1- II. CONCLUSION Accordingly, it is ORDERED AND ADJUDGED that the Motion to Dismiss Case with Prejudice by Defendant James E. Albertelli, P.A. (Doc. 30) is DENIED AS MOOT. DONE AND ORDERED in Orlando, Florida, this 3d day of May, 2017. Copies to: Counsel of Record -2-

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