LOVE v. LENDER SERVICES INC ET AL

Filing 28

ORDER ADOPTING MAGISTRATE JUDGES 27 REPORT AND RECOMMENDATION. Defendant's 24 Motion to Dismiss is GRANTED. Loves claims against Defendants are DISMISSED WITHOUT PREJUDICE. Consistent with their representation in th e 24 Motion to Dismiss, Defendants should dismiss their counterclaims within 14 days of this Order. On the filing of Defendants dismissal papers, the Clerk will close the file, and any pending motions will be denied as moot. (Deadline for defendant's to dismiss counterclaims - by 7/17/2018.). Signed by JUDGE M CASEY RODGERS on 7/3/2018. (alb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
LINDA LOVE,
Plaintiff,
v.

Case No. 3:17-cv-451-MCR-CJK

LENDER SERVICES, INC. and
JOSEPH E. MERCER,
Defendants.
____________________________/
ORDER
This cause comes before the Court on consideration of the Magistrate Judge’s
Report and Recommendation dated June 13, 2018. See ECF No. 27.
On May 31, 2018, Defendants Lender Services, Inc. and Joseph E. Mercer filed
a Motion to Dismiss Plaintiff Linda Love’s claims for failure to prosecute and failure
to comply with the Court’s orders. See ECF No. 24 at 1-2. Defendants represented
that, if the motion was granted, they would dismiss their counterclaims without
prejudice. See id. at 3. The Court then entered Show Cause Orders, directing Love
to respond to the motion and comply with the Court’s orders or risk dismissal. See
ECF Nos. 25, 26. Love did not respond to either the Motion to Dismiss or the Show
Cause Orders, prompting the Magistrate Judge to advise the Court to dismiss Love’s
Case No. 3:17-cv-451-MCR-CJK

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claims in the pending Report and Recommendation. See ECF No. 27. No objections
were filed and the 14-day window for filing objections has passed.
Accordingly, based on a de novo review of the Motion to Dismiss and the
Report and Recommendation, it is now ORDERED as follows:
1.

The Magistrate Judge’s Report and Recommendation, ECF No. 27, is

ADOPTED and incorporated by reference in this order.
2.

Defendants’ Motion to Dismiss, ECF No. 24, is GRANTED.

3.

Love’s claims against Defendants are DISMISSED WITHOUT

PREJUDICE.
4.

Consistent with their representation in the Motion to Dismiss, see ECF

No. 24 at 3, Defendants should dismiss their counterclaims within 14 days of this
Order.
5.

On the filing of Defendants’ dismissal papers, the Clerk will close the

file, and any pending motions will be denied as moot.
DONE AND ORDERED this 3rd day of July, 2018.

M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 3:17-cv-451-MCR-CJK