Filing 70

ORDER: Plaintiffs' 43 Application for Entry of Default against Defendant, ALACHUA COUNTY is DENIED AS MOOT. Signed by MAGISTRATE JUDGE GARY R JONES on 6/13/2012. (jws)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION DAVID F. PETRANO, and MARY KATHERINE DAY-PETRANO, husband and wife, Plaintiffs, v. Case No. 1:12-cv-86-SPM-GRJ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, et al., Defendants. ____________________________/ ORDER This case is before the Court on Doc. 43, Plaintiffs’ application for entry of a Clerk’s default against Defendant Alachua County. In support of their request, Plaintiffs contend Alachua County did not respond to the complaint in a timely manner. Defendant filed a motion to dismiss on June 1, 2012 in which Alachua County contends “Plaintiff purported to make service on the Alachua County Commission on May 1, 2012 without complying with applicable state or federal requirements.” (Doc. 44. at 2.) Defendants later filed an amended motion to dismiss. (Doc. 63.) Plaintiff’s motion, therefore, is moot. Accordingly, upon due consideration, it is ORDERED: Plaintiffs’ application for entry of a Clerk’s response against Defendant Alachua County) (Doc. 43) is DENIED AS MOOT. DONE AND ORDERED this 13th day of June, 2012. s/Gary R. Jones GARY R. JONES United States Magistrate Judge

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