Gephart v. Washburn et al

Filing 10

ORDER: Defendants Paul Smith and Dustin Adkins' Motion to Dismiss Plaintiff's Complaint for Damages 3 is GRANTED. Hernando County Sheriff's Office's Motion to Quash Service of Process and Motion to Dismiss Plaintiff's Com plaint for Damages 4 is GRANTED. Plaintiff's claims against Defendants Paul Smith, Dustin Adkins, and the Hernando County Sheriffs Office are DISMISSED. This action shall remain pending against the remaining Defendants. Signed by Judge Virginia M. Hernandez Covington on 5/19/2010. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SUSAN GEPHART, as Personal Representative of the Estate of Thomas Cherry, v. Plaintiff, Case No. 8:10-cv-830-T-33TBM

ROBERT C. WASHBURN, HERNANDO COUNTY SHERIFF'S OFFICE AND ITS MEMBERS, SERGEANT DONALD SMITH, PAUL SMITH, and DUSTIN ADKINS, individually, and in their official capacity, SPRING HILL FIRE & RESCUE DISTRICT VOLUNTEER AND ITS MEMBERS, CAPTAIN JAMES BILLOTTE, CHRIS BOZEK, STEVE SMITH, WARREN FLATT, ROBERT LEONDIKE, and ROBERT DELVECCHIO, individually, and in their official capacity, Defendants. ________________________________/ ORDER This matter is before the Court pursuant to Defendants Paul Smith and Dustin Adkins' Motion to Dismiss Plaintiff's Complaint for Damages (Doc. # 3) and Hernando County Sheriff's Office's Motion to Quash Service of Process and Motion to Dismiss Plaintiff's Complaint for Damages (Doc. #

4)(collectively, the "Motions"), both filed on April 12, 2010. The Motions seek dismissal of Plaintiff's complaint as it pertains to Defendants Paul Smith, Dustin Adkins, and the

Hernando County Sheriff's Office pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and other law. Plaintiff failed to file a timely response to the

Motions, and on May 11, 2010, this Court entered an Order directing Plaintiff to file a response to the Motions by May 18, 2010, warning that the Motions would be granted as unopposed motions absent Plaintiff's response. (Doc. # 7). The May 18, 2010, deadline for Plaintiff's response to the Motions has elapsed, and therefore, after due

consideration, the Court grants the Motions as unopposed. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Defendants Paul Smith and Dustin Adkins' Motion to

Dismiss Plaintiff's Complaint for Damages (Doc. # 3) is GRANTED. (2) Hernando County Sheriff's Office's Motion to Quash

Service of Process and Motion to Dismiss Plaintiff's Complaint for Damages (Doc. # 4) is GRANTED. (3) Plaintiff's claims against Defendants Paul Smith, Dustin Adkins, and the Hernando County Sheriff's Office are DISMISSED. (4) This action shall remain pending against the remaining Defendants.
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DONE and ORDERED in Chambers, in Tampa, Florida, this 19th day of May 2010.

Copies:

All Counsel of Record

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