Bruce et al v. U.S. Bank National Association et al

Filing 13

ORDER: Defendant U.S. Bank, N.A., as Trustee Successor in Interest to Bank of America, National Association, as Trustee, Successor by Merger to Lasalle Bank, National Association, as Trustee for Structured Asset Securities Corporation Mortgage Pa ss-Through's Motion to Dismiss Complaint (Doc. # 8 ) is GRANTED as an unopposed motion. Defendant U.S. Bank, N.A., as Trustee Successor in Interest to Bank of America, National Association, as Trustee, Successor by Merger to Lasalle Bank, Nati onal Association, as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through is dismissed from this lawsuit. Plaintiffs are directed to file a status report by October 31, 2017, describing the efforts Plaintiffs have undertaken to serve Albertelli Law with the Summons and Complaint. Signed by Judge Virginia M. Hernandez Covington on 10/17/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ROY W. BRUCE and ALICE BRUCE,
Plaintiffs,
v.

Case No. 8:17-cv-2023-T-33JSS

U.S.
BANK,
NA.,
AS
TRUSTEE
SUCCESSOR IN INTEREST TO BANK OF
AMERICA, NATIONAL ASSOCIATION, AS
TRUSTEE, SUCCESSOR BY MERGER TO
LASALLE
BANK,
NATIONAL
ASSOCIATION,
AS
TRUSTEE
FOR
STRUCTURED
ASSET
SECURITIES
CORPORATION MORTGAGE PASS-THROUGH
and ALBERTELLI LAW,
Defendants.
________________________________/
ORDER
This matter comes before the Court pursuant to Defendant
U.S. Bank, N.A., as Trustee Successor in Interest to Bank of
America, National Association, as Trustee, Successor by Merger
to

Lasalle

Structured

Bank,
Asset

National
Securities

Association,
Corporation

as

Trustee

Mortgage

for

Pass-

Through’s Motion to Dismiss Complaint (Doc. # 8), which was
filed on September 28, 2017.

Plaintiffs, who are proceeding

pro se, failed to file a response in opposition to the Motion
to Dismiss within the time parameters of Local Rule 3.01(b),
which states, “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.”

Local Rule 3.01(b), M.D. Fla.

As stated in Moon v. Newsome, 863 F.2d 835, 837 (11th
Cir. 1989), “Once a pro se . . . litigant is in court, he is
subject to the relevant law and rules of court, including the
Federal Rules of Civil Procedure.”

Because Plaintiffs failed

to respond to the Motion to Dismiss, this Court considers the
Motion to Dismiss to be an unopposed motion.
grants the Motion.
Successor

in

The Court thus

Defendant U.S. Bank, N.A., as Trustee

Interest

to

Bank

of

America,

National

Association, as Trustee, Successor by Merger to Lasalle Bank,
National

Association,

as

Trustee

for

Structured

Asset

Securities Corporation Mortgage Pass-Through is dismissed from
this case.
The Court notes that the Complaint, filed on August 24,
2017, also names Albertelli Law as a Defendant. (Doc. # 1).
The deadline for Plaintiffs to serve Albertelli Law with the
Summons and Complaint does not expire until November 22, 2017.
The record does not reflect whether Plaintiffs have served
Albertelli Law, and there has been no activity on the record
with respect to Albertelli Law since the filing of the
Complaint.

So that the Court may assess whether Plaintiffs
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intend to prosecute this matter as to the remaining Defendant,
Albertelli Law, Plaintiffs are directed to file a status
report by October 31, 2017, describing the efforts Plaintiffs
have undertaken to serve Albertelli Law with the Summons and
Complaint.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Defendant

U.S.

Bank,

N.A.,

as

Trustee

Successor

in

Interest to Bank of America, National Association, as
Trustee, Successor by Merger to Lasalle Bank, National
Association, as Trustee for Structured Asset Securities
Corporation Mortgage Pass-Through’s Motion to Dismiss
Complaint (Doc. # 8) is GRANTED as an unopposed motion.
(2)

Defendant

U.S.

Bank,

N.A.,

as

Trustee

Successor

in

Interest to Bank of America, National Association, as
Trustee, Successor by Merger to Lasalle Bank, National
Association, as Trustee for Structured Asset Securities
Corporation Mortgage Pass-Through is dismissed from this
lawsuit.
(3)

Plaintiffs are directed to file a status report by
October 31, 2017, describing the efforts Plaintiffs have
undertaken to serve Albertelli Law with the Summons and
Complaint.

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DONE and ORDERED in Chambers in Tampa, Florida, this 17th
day of October, 2017.

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