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LONG v. JACOBSON, 8:16-cv-3006-T-33AEP. (2017)

Court: District Court, M.D. Florida Number: infdco20170120984 Visitors: 4
Filed: Jan. 19, 2017
Latest Update: Jan. 19, 2017
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter is before the Court pursuant to Defendant Justin D. Jacobson, P.A.'s Motion to Dismiss (Doc. # 12), which was filed on December 29, 2016, and Defendant Clearspring Loan Services, Inc.'s Motion to Dismiss (Doc. # 17), which was filed on January 9, 2017. Plaintiff Andrew Long filed a Consolidated Response to the Motions to Dismiss on January 19, 2017. (Doc. # 19). Rather than addressing the substantive arguments raised in
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ORDER

This matter is before the Court pursuant to Defendant Justin D. Jacobson, P.A.'s Motion to Dismiss (Doc. # 12), which was filed on December 29, 2016, and Defendant Clearspring Loan Services, Inc.'s Motion to Dismiss (Doc. # 17), which was filed on January 9, 2017. Plaintiff Andrew Long filed a Consolidated Response to the Motions to Dismiss on January 19, 2017. (Doc. # 19).

Rather than addressing the substantive arguments raised in the Motions, Long requests the opportunity to amend his Complaint, which seeks relief under Florida's Consumer Collection Practices Act, Section 559.72 (count I) and the Fair Debt Collection Practices Act, 15 U.S.C. § 1692(a) (count II). In his response to the Motions, Long explains: "Long believes that an amendment to the complaint, in order to spell out in greater detail the specific facts giving rise to each Defendant's liability, would assist the parties and this Court in reaching a just resolution on the merits." (Doc. # 19 at 1). Specifically, Long seeks leave "to amend the complaint to include the specific facts that support Long's claims against the[] Defendants." (Id.). The Court grants Long the requested leave to file an Amended Complaint, by February 9, 2017. The Motions to Dismiss are therefore denied without prejudice as moot.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

(1) Plaintiff Andrew Long is authorized to file an Amended Complaint by February 9, 2017.

(2) Defendant Justin D. Jacobson, P.A.'s Motion to Dismiss (Doc. # 12) and Defendant Clearspring Loan Services, Inc.'s Motion to Dismiss (Doc. # 17) are DENIED WITHOUT PREJUDICE AS MOOT.

DONE and ORDERED.

Source:  Leagle

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