Tradewind Invest, LLC v. ITF Auto Parts, Inc., 6:18-cv-1344-Orl-40DCI. (2018)
Court: District Court, M.D. Florida
Number: infdco20181114d44
Visitors: 5
Filed: Nov. 13, 2018
Latest Update: Nov. 13, 2018
Summary: ORDER PAUL G. BYRON , District Judge . This cause comes before the Court on Defendant ITF Auto Parts, Inc.'s (" ITF Auto ") Motion to Dismiss the Crossclaim by Defendant Wheel Performance (Doc. 50 (the " Motion ")), filed October 26, 2018. Wheel Performance's response was due on or before November 9, 2018. See Local Rule 3.01(b) (requiring that a party opposing a motion file a response within fourteen days after receiving service of the motion). Under Local Rule 3.01(b), such response
Summary: ORDER PAUL G. BYRON , District Judge . This cause comes before the Court on Defendant ITF Auto Parts, Inc.'s (" ITF Auto ") Motion to Dismiss the Crossclaim by Defendant Wheel Performance (Doc. 50 (the " Motion ")), filed October 26, 2018. Wheel Performance's response was due on or before November 9, 2018. See Local Rule 3.01(b) (requiring that a party opposing a motion file a response within fourteen days after receiving service of the motion). Under Local Rule 3.01(b), such response m..
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ORDER
PAUL G. BYRON, District Judge.
This cause comes before the Court on Defendant ITF Auto Parts, Inc.'s ("ITF Auto") Motion to Dismiss the Crossclaim by Defendant Wheel Performance (Doc. 50 (the "Motion")), filed October 26, 2018. Wheel Performance's response was due on or before November 9, 2018. See Local Rule 3.01(b) (requiring that a party opposing a motion file a response within fourteen days after receiving service of the motion). Under Local Rule 3.01(b), such response must include memorandum of legal authority not to exceed twenty pages in length. On November 9, 2018, Wheel Performance filed an Amended Crossclaim (Doc. 55), which the Court struck as untimely. (Doc. 56). Therefore, to date, Wheel Performance has not responded to the Motion.
In the absence of a response, the Court finds that the Motion is due to be granted as unopposed. Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Defendant ITF Auto's Motion to Dismiss the Crossclaim by Defendant Wheel Performance (Doc. 50) is GRANTED.
2. Defendant Wheel Performance's Crossclaim (Doc. 29) is DISMISSED WITHOUT PREJUDICE.
3. On or before Tuesday, November 20, 2018, Defendant Wheel Performance may seek leave to file an amended crossclaim. Failure to timely file will result in dismissal of this action with prejudice.
DONE AND ORDERED.
Source: Leagle
