Pope et al v. Any Season Insulation, LLC et al

Filing 15

ORDER granting 10 Defendant Any Season Insulation's Motion to Dismiss Count IV of the Complaint. Signed by Judge Virginia M. Hernandez Covington on 5/14/2014. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARY JO POPE and JAMES M.
POPE,
Plaintiffs,
v.

Case No. 8:14-cv-891-T-33AEP

ANY SEASON INSULATION, LLC,
and ESTATE OF DAVID VELLA,
Defendants.
______________________________/
ORDER
This matter comes before the Court pursuant to Defendant
Any

Season

Insulation

d/b/a

Bayside

Installed

Building

Products’ Motion to Dismiss Count IV of the Complaint (Doc.
# 10).

The Motion seeks dismissal of Count IV of the

Complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the
Federal Rules of Civil Procedure.

(Id. at 1).

The instant Motion was filed on April 25, 2014. Pursuant
to Local Rule 3.01(b) and Rule 6(d), Fed. R. Civ. P., the
deadline for Plaintiffs to file a response in opposition to
the Motion was, at the latest, May 12, 2014.

Plaintiffs, who

are represented by counsel, have failed to file a response to
the Motion in the time provided by the Rules.
the Court considers the Motion to be unopposed.

Accordingly,

Upon due consideration of the Motion and the record
before the Court, the Court grants the Motion to the extent
that Count IV of the Complaint is dismissed.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Defendant Any Season Insulation d/b/a Bayside Installed
Building Products’ Motion to Dismiss Count IV of the Complaint
(Doc. # 10) is GRANTED.
DONE and ORDERED in Chambers in Tampa, Florida, this
14th day of May, 2014.

Copies: All Counsel of Record

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