Carenza et al v. Ocwen Loan Services, LLC

Filing 17

ORDER dismissing case without prejudice. The Clerk of Court is directed to close this case and all pending motions are denied as moot. Signed by Judge James S. Moody, Jr on 2/26/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PATRICK MCCANN, JACK C.
HOLLINGSWORTH, STEVIE
CAUDELL, ERROL ATKINSON, ROSE
SMITH, KEVIN R. MORTLEY,
RICHARD RESINA, HAROLD
HENDERSON, ANTHONY
MCCASTLER, GREGORY BRYANT and
ANTHONY CARENZA,
Plaintiffs,
v.

Case No: 8:14-cv-815-T-30AEP

OCWEN LOAN SERVICES, LLC,
Defendant.

ORDER
THIS CAUSE comes before the Court sua sponte. The Court entered a stay of these
proceedings on August 24, 2014, in response to the Receiver’s Report Concerning the
Hoffman Law Group, and Request for Stay of Proceedings (Dkt. #6). The Court later
continued the stay through December 19, 2014, to permit the Plaintiffs an opportunity to
communicate to the Court whether they would proceed with this action, in light of the
injunction preventing the Hoffman Law Group from doing so.
The Court granted the Plaintiffs Jack C. Hollingsworth and Harold Henderson’s
respective motions requesting continuation of the stay and an extension of time to retain
new counsel. Plaintiff Errol Atkinson indicated that he would represent himself, but

requested that the Court extend the stay. The Court provided the Plaintiffs until February
19, 2015, to file a report or alternatively direct their counsel to file an appearance, failing
which would result in dismissal without prejudice. No attorney has appeared on behalf of
the Plaintiffs and no report is filed. The Court also notes that although the Clerk issued a
summons for the Defendant, no evidence of completed service is on the docket. As such,
the Court deems it appropriate to dismiss this case without prejudice.
It is therefore ORDERED AND ADJUDGED that:
1.

This case is DISMISSED without prejudice.

2.

The Clerk of Court is directed to close this case and all pending motions are
denied as moot.

DONE and ORDERED in Tampa, Florida, this 26th day of February, 2015.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2014\14-cv-815 dismissal.docx

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