Rosello v. Tower Imaging, Inc. et al

Filing 28

ORDER ATTACHED denying 26 Motion to Dismiss and Motion for More Definite Statement; and denying 27 Motion to Dismiss. Signed by Judge Richard A. Lazzara on 10/12/2017. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ROLAND A. ROSELLO, d/b/a
ROLAND A. ROSELLO, P.L.,
Plaintiff,
v.

CASE NO. 8:17-cv-1884-T-26TBM

TOWER IMAGING, INC., f/k/a TOWER
IMAGING, INC., d/b/a COMMUNITY
DIAGNOSTIC CENTER OF BRANDON, and
MERCHANTS ASSOCIATION
COLLECTIONS DIVISION, INC.,
Defendants.
/

ORDER
UPON DUE AND CAREFUL CONSIDERATION of the well-pleaded
allegations of Plaintiff’s second amended complaint, which this Court must accept as true
at this early juncture of the proceedings and must construe in the light most favorable to
Plaintiff,1 it is ORDERED AND ADJUDGED that Defendants’ Motions to Dismiss
Plaintiff’s Second Amended Complaint or Alternative Motions for More Definite
Statement (Dkts. 26 & 27) are denied. In the Court’s view, those allegations state claims

1

See Bishop v. Ross Earle & Bonan, P.A., 817 F. 3d 1268, 1270 (11th Cir. 2016).

for relief plausible on their face against both Defendants for violating the federal Fair
Debt Collections Practice Act and the Florida Consumer Collection Practices Act.2
Defendants shall file their answer and defenses to Plaintiff’s second amended complaint
within fourteen (14) days of this order.
DONE AND ORDERED at Tampa, Florida, on October 12, 2017.

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

COPIES FURNISHED TO:

Counsel of Record

2

See id.
-2-