Malibu Media, LLC v. Doe

Filing 39

ORDER: Defendant Maurice Adams' Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim 29 is GRANTED to the extent that this case is dismissed without prejudice. The Clerk is directed to CLOSE this case.Signed by Judge Virginia M. Hernandez Covington on 4/16/2015. (KNC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MALIBU MEDIA, LLC,
Plaintiff,
v.

Case No.

8:14-cv-2361-T-33TBM

MAURICE ADAMS,
Defendant.
________________________/
ORDER
This cause is before the Court pursuant to Defendant
Maurice

Adams’

Motion

to

Dismiss

Plaintiff’s

Amended

Complaint for Failure to State a Claim (Doc. # 29), filed on
March 25, 2015. Pursuant to Local Rule 3.01(b) and Rule 6(d),
Fed. R. Civ. P., the deadline for Plaintiff Malibu Media, LLC
to file a response in opposition to the Motion to Dismiss
was, at the latest, April 13, 2015.
However, on April 8, 2015, Plaintiff filed an Unopposed
Motion for Extension of Time Within Which to File its Response
to Defendant’s Motion to Dismiss (Doc. # 36), which this Court
granted

(Doc.

#

37).

Therefore,

Plaintiff’s

response

in

opposition to the Motion to Dismiss was due April 15, 2015.
(See Id.).

A review of the file reveals that Plaintiff failed to
file a response to Defendant’s Motion to Dismiss within the
deadline imposed by the Federal Rules of Civil Procedure and
this Court, or at any point since. Accordingly, the Court
considers the Motion to Dismiss as unopposed.
Upon due consideration of the Motion to Dismiss and the
record before the Court, the Court grants Defendant’s Motion
to Dismiss as unopposed.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1)

Defendant Maurice Adams’ Motion to Dismiss Plaintiff’s
Amended Complaint for Failure to State a Claim (Doc. #
29) is GRANTED to the extent that this case is dismissed
without prejudice.

(2)

The Clerk is directed to CLOSE this case.
DONE and ORDERED in Chambers in Tampa, Florida, this

16th day of April, 2015.

Copies: All Counsel of Record

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