Miccosukee Tribe of Indians of Florida et al v. Thiele

Filing 12

ORDER denying 7 Motion to Dismiss. Defendant SHALL file an answer to Complaint on or before December 5, 2008.. Signed by Judge Ursula Ungaro on 11/30/08. (lc2)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-22714-CIV-UNGARO THE MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a federally-recognized Indian Tribe, and BILLY CYPRESS, Plaintiffs, v. STEVEN THIELE Defendant. _________________________________________/ ORDER ON MOTION TO DISMISS THIS CAUSE is before the Court upon the Defendant's Motion to Dismiss, filed November 13, 2008 (D.E. 7). Plaintiffs filed their Response on November 17, 2008 (D.E. 8). Accordingly, the Motion is now ripe for disposition. THE COURT has considered the Motion and the pertinent portions of the record and is otherwise fully advised in the premises. Defendant's Motion, filed pro se, merely paraphrases Federal Rule of Civil Procedure 12(b)(6) and provides no legal or factual argument. Accordingly, it is hereby ORDERED AND ADJUDGED that the Motion (D.E. 7) is DENIED. Defendant SHALL file a Response on or before December 5, 2008. DONE AND ORDERED in Chambers, Miami, Florida, this 30th day of November, 2008.

_____________________________ URSULA UNGARO UNITED STATES DISTRICT JUDGE copies provided: counsel of record