Foche v. NAPA Home & Garden, Inc. et al

Filing 34

ORDER ATTACHED denying without prejudice as moot 14 Motion to Dismiss; dismissing the case without prejudice as to Napa Home & Garden, Inc., and Fuel Barons, Inc.; and directing remaining defendants to respond to the amended complaint within fourteen (14) days. Signed by Judge Richard A. Lazzara on 4/6/2015. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JOHN FOCHE,
Plaintiff,
v.

CASE NO: 14-cv-2871-T-26-TGW

NAPA HOME & GARDEN, INC., et al.,
Defendants.
/

ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this
case, it is ORDERED AND ADJUDGED as follows:
1) The case against Defendants Napa Home & Garden, Inc., and Fuel Barons, Inc., is
dismissed without prejudice and without further notice due to the Plaintiff’s failure to respond to
this Court’s order to show cause entered March 19, 2015, at docket 27, directing Plaintiff to
show cause on or before April 2, 2015, why the case as to these two Defendants should not be
dismissed without prejudice for failure to effect service of process on them within 120 days of
the filing of the complaint. As that order reflects, the Plaintiff was put on specific notice that
“[t]he Plaintiff’s failure to file a timely response will result in the dismissal of the case against
these Defendants without prejudice and without further notice.”
2) Defendant Losorea, Packaging Inc.’s Motion to Dismiss (Dkt. 14) is denied without
prejudice as moot in view of the Plaintiff’s filing of a second amended complaint.

3) The remaining Defendants to this lawsuit shall file their responses to the second
amended complaint within fourteen (14) days of this order. The Court holds in abeyance the
Plaintiff’s request to undertake jurisdictional discovery until the Defendants have filed their
responses.

DONE AND ORDERED at Tampa, Florida, on April 6, 2015.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

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