Long v. Jacobson et al

Filing 20

ORDER: Plaintiff Andrew Long is authorized to file an Amended Complaint by February 9, 2017. Defendant Justin D. Jacobson, P.A.'s Motion to Dismiss (Doc. # 12 ) and Defendant Clearspring Loan Services, Inc.'s Motion to Dismiss (Doc. # 17 ) are DENIED WITHOUT PREJUDICE AS MOOT. Signed by Judge Virginia M. Hernandez Covington on 1/19/2017. (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. and
CLEARSPRING LOAN SERVICES, INC.,
Defendants.
________________________________/
ORDER
This matter is before the Court pursuant to Defendant
Justin D. Jacobson, P.A.’s Motion to Dismiss (Doc. # 12),
which

was

filed

on

December

29,

2016,

and

Defendant

Clearspring Loan Services, Inc.’s Motion to Dismiss (Doc. #
17), which was filed on January 9, 2017.

Plaintiff Andrew

Long filed a Consolidated Response to the Motions to Dismiss
on January 19, 2017. (Doc. # 19).
Rather than addressing the substantive arguments raised
in the Motions, Long requests the opportunity to amend his
Complaint,

which

seeks

relief

under

Florida’s

Consumer

Collection Practices Act, Section 559.72 (count I) and the
Fair Debt Collection Practices Act, 15 U.S.C. § 1692(a) (count
II).

In his response to the Motions, Long explains: “Long

believes that an amendment to the complaint, in order to spell
out in greater detail the specific facts giving rise to each

Defendant’s liability, would assist the parties and this Court
in reaching a just resolution on the merits.” (Doc. # 19 at
1). Specifically, Long seeks leave “to amend the complaint to
include the specific facts that support Long’s claims against
the[] Defendants.” (Id.). The Court grants Long the requested
leave to file an Amended Complaint, by February 9, 2017.

The

Motions to Dismiss are therefore denied without prejudice as
moot.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Plaintiff Andrew Long is authorized to file an Amended
Complaint by February 9, 2017.

(2)

Defendant Justin D. Jacobson, P.A.’s Motion to Dismiss
(Doc. # 12) and Defendant Clearspring Loan Services,
Inc.’s Motion to Dismiss (Doc. # 17) are DENIED WITHOUT
PREJUDICE AS MOOT.
DONE and ORDERED in Chambers in Tampa, Florida, this 19th

day of January, 2017.

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