Hilton Ministries, Inc. v. City of Avon Park, Florida et al

Filing 35

ORDER: Defendants Jennifer Codo-Salisbury and Central Florida Regional Planning Council's Motion to Dismiss 23 is GRANTED as provided herein. The Clerk is directed to terminate Central Florida Regional Planning Council as a defendant in this matter. This action remains pending between Plaintiff and Defendants City of Avon Park and Wes Hoagland. Signed by Judge Virginia M. Hernandez Covington on 8/20/2013. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HILTON MINISTRIES, INC.,
Plaintiff,
v.

Case No. 8:13-cv-1793-T-33TBM

CITY OF AVON PARK, FLORIDA,
et al.,
Defendants.
______________________________/
ORDER
This matter is before the Court pursuant to the Motion to
Dismiss filed on August 1, 2013, by Defendant Central Florida
Regional Planning Council and former Defendant Jennifer CodoSalisbury.

(Doc. # 23).1

The Motion seeks dismissal of

Plaintiff’s claims pursuant to Rule 12(b)(6) of the Federal
Rules of Civil Procedure.
The instant Motion was filed on August 1, 2013. Pursuant
to Local Rule 3.01(b) and Rule 6(d), Fed. R. Civ. P., the
deadline for Plaintiff to file a response in opposition to the
Motion was, at the latest, August 19, 2013. Plaintiff, who is
represented by counsel, has failed to file a response to the
Motion in the time provided by the Rules.

1

Accordingly, the

Defendant Jennifer Codo-Salisbury was terminated as a
defendant in this matter pursuant to Plaintiff’s Notice of
Dismissal Without Prejudice of Defendant Jennifer CodoSalisbury (Doc. # 27), filed on August 12, 2013.

Court considers the Motion to be unopposed.
Upon due consideration of the Motion and the record
before the Court, the Court grants the Motion to the extent
that Plaintiff’s claims against Defendant Central Florida
Regional Planning Council are dismissed.

This action remains

pending between Plaintiff and Defendants City of Avon Park and
Wes Hoagland.2
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1)

Defendants Jennifer Codo-Salisbury and Central Florida
Regional Planning Council’s Motion to Dismiss (Doc. # 23)
is GRANTED.

(2)

The

Clerk

is

directed

to

terminate

Central Florida

Regional Planning Council as a defendant in this matter.
DONE and ORDERED in Chambers in Tampa, Florida, this 20th
day of August, 2013.

Copies: All Counsel of Record
2

As of the date of this Order, Plaintiff has not effected
service of process upon Defendant Wes Hoagland. (Doc. # 14).