Long v. Jacobson et al

Filing 18

ORDER: In the instance that Plaintiff opposes Defendant's Motion to Dismiss (Doc. # 12 ), Plaintiff is directed to file a response in opposition to the Motion by January 19, 2017. Signed by Judge Virginia M. Hernandez Covington on 1/17/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ANDREW LONG,
Plaintiff,
v.

Case No. 8:16-cv-3006-T-33AEP

JUSTIN D. JACOBSON, P.A., ET AL.,
Defendants.
________________________________/
ORDER
This matter is before the Court pursuant to Defendant
Justin D. Jacobson, P.A.’s LLC’s Dispositive Motion to Dismiss
(Doc. # 12), which was filed on December 29, 2016. The Motion
seeks dismissal of the Complaint with prejudice.

Plaintiff

Andrew Long, who is represented by counsel, failed to file a
response

in

opposition

to

the

Motion

within

the

time

parameters of the Local Rules and the Federal Rules of Civil
Procedure.

Local Rule 3.01(b), M.D. Fla., explains, “Each

party opposing a motion or application shall file within
fourteen (14) days after service of the motion or application
a response that includes a memorandum of legal authority in
opposition to the request, all of which the respondent shall
include in a document not more than twenty (20) pages.”
Recently, Federal Rule of Civil Procedure 6 was amended to
state that three additional days for mailing are no longer
allocated when a motion is filed electronically, such as in

the case of the present Motion to Dismiss.

Accordingly,

Plaintiff’s response to the Motion to Dismiss was due on
January 12, 2017.
considers
motion.

Thus, on the present record, this Court

Defendant’s

Motion

to

Dismiss

as

an

unopposed

However, in the instance that Plaintiff does, in

fact, oppose the Motion, Plaintiff is directed to file a
response in opposition to the Motion by January 19, 2017.
Absent a response by Plaintiff, however, this Court will be
inclined to grant the Motion as unopposed.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
In the instance that Plaintiff opposes Defendant’s Motion
to Dismiss (Doc. # 12), Plaintiff is directed to file a
response in opposition to the Motion by January 19, 2017.
DONE and ORDERED in Chambers, in Tampa, Florida, this
17th day of January, 2017.

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