Shaffer v. Bank of New York Mellon et al

Middle District of Florida, flmd-8:2017-cv-00565

ORDER: Defendants Bank of New York Mellon and Shellpoint LLC's Motion to Dismiss (Doc. # {{25}}) is granted as unopposed. Plaintiff Linda Shaffer may file a second amended complaint by June 22, 2017, failing which the case will be dismissed without further notice. Signed by Judge Virginia M. Hernandez Covington on 6/8/2017. (DMD)

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PageID 267 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LINDA L. SHAFFER, Plaintiff, v. Case No. 8:17-cv-565-T-33AAS BANK OF NEW YORK MELLON and SHELLPOINT LLC, Defendants. ______________________________/ ORDER This matter comes before the Court pursuant to Defendants Bank of New York Mellon and Shellpoint LLC's Motion to Dismiss the Amended Complaint (Doc. # 25), filed on May 24, 2017. Plaintiff Linda Shaffer's response was due on June 7, 2017. See Local Rule 3.01(b), M.D. Fla. ("Each party opposing a motion or application shall file within fourteen days after service of the motion or application a response. . ."). Yet, as of this Order, no response has been filed. Nor has Shaffer moved for an extension of time to file a response. Accordingly, the Court treats the Motion as unopposed. Defendants' Motion is granted. Shaffer may file a second amended complaint by June 22, 2017, failing which, the case will be dismissed without further notice. 1 PageID 268 Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) Defendants Bank of New York Mellon and Shellpoint LLC's Motion to Dismiss (Doc. # 25) is GRANTED as unopposed. (2) Plaintiff Linda Shaffer may file a second amended complaint by June 22, 2017, failing which the case will be dismissed without further notice. DONE and ORDERED in Chambers in Tampa, Florida, this 8th day of June, 2017. 2