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Love v. Lender Services, Inc., 3:17-cv-451-MCR-CJK. (2018)

Court: District Court, N.D. Florida Number: infdco20180705d40 Visitors: 3
Filed: Jul. 03, 2018
Latest Update: Jul. 03, 2018
Summary: ORDER M. CASEY RODGERS , District Judge . 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 coun
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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 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.

Source:  Leagle

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