Brooks v. City of Apopka, Florida

Filing 19

ORDER granting 15 motion to dismiss. The Defamation Claim set forth in Count III (Doc. 1, 31-36) is DISMISSED without prejudice. Signed by Judge Roy B. Dalton, Jr. on 5/16/2017. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION GLEN ERIC BROOKS, Plaintiff, v. Case No. 6:17-cv-525-Orl-37DCI CITY OF APOPKA, FLORIDA, Defendant. _____________________________________ ORDER Plaintiff initiated this action alleging, inter alia, that Defendant has defamed him. (See Doc. 1, ¶¶ 31–36 (“Defamation Claim”).) Thereafter, Defendant moved for dismissal of the Defamation Claim (Doc. 15 (“MTD”)) on May 1, 2017. To date, Plaintiff has not responded to the MTD. Local Rule 3.01(b) requires that a “party opposing a motion . . . file within fourteen (14) days after service of the motion . . . a response that includes a memorandum of legal authority in opposition to the request, all of which the respondent shall include in a document not more than twenty (20) pages.” Absent a response, the Court considers the MTD to be unopposed and finds that it is due to be granted. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Defendant’s Motion to Dismiss Count III of Plaintiff’s Complaint (Doc. 15) is GRANTED. 2. The Defamation Claim set forth in Count III (Doc. 1, ¶¶ 31–36) is DISMISSED without prejudice. -1- DONE AND ORDERED in Chambers in Orlando, Florida, on May 16, 2017. Copies to: Counsel of Record -2-

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