Barr v. One Touch Direct, LLC et al

Filing 50

ORDER: Defendants One Touch Direct, LLC, AT&T Services, Inc., and DPG Employee Leasing LLC's Motion to Dismiss (Doc. # 43 ) is granted as stated in the Order. The Clerk is directed to terminate any pending motions and, thereafter, close this case. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/23/2016. (DRW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ALFRED BARR, Plaintiff, v. Case No. 8:15-cv-2391-T-33MAP ONE TOUCH DIRECT, LLC, et al., Defendants. _____________________________/ ORDER This matter comes before the Court pursuant to Defendants One Touch Direct, LLC, AT&T Services, Inc., and DPG Employee Leasing LLC’s Motion to Dismiss (Doc. # 43). One Touch Direct, AT&T, and DPG Employee Leasing seek dismissal of the Complaint in its entirety based on the argument that the Complaint is a shotgun pleading. See Weiland v. Palm Beach Cty. Sheriff’s Office, 792 F.3d 1313, 1321-23 (11th Cir. 2015) (categorizing the different types of shotgun pleadings). Plaintiff Alfred Barr’s response was due on February 22, 2016. However, as of the date of this Order, Barr has not filed a response and, unopposed. as such, Therefore, the Court case this prejudice. Accordingly, it is 1    treats is the Motion dismissed as without ORDERED, ADJUDGED, and DECREED: (1) Defendants One Touch Direct, LLC, AT&T Services, Inc., and DPG Employee Leasing LLC’s Motion to Dismiss (Doc. # 43) is GRANTED as stated herein. (2) This case is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to terminate any pending motions and, thereafter, close this case. DONE and ORDERED in Chambers in Tampa, Florida, this 23rd day of February, 2016. 2   

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