Rosello v. Tower Imaging, LLC et al

Filing 24

ORDER ATTACHED denying [22 & 23] Motions to Dismiss and directing Defendants to file answer and defenses within 14 days. 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-1935-T-26MAP

TOWER IMAGING, LLC, 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 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 Amended Complaint or Alternative Motions for More Definite Statement
(Dkts. 22 & 23) are denied. In the Court’s view, those allegations state claims for relief
plausible on their face against both Defendants for violating the federal Fair Debt

1

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

Collections Practice Act and the Florida Consumer Collection Practices Act.2 Defendants
shall file their answer and defenses to Plaintiff’s 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-