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Law Offices of David A. Wilson
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Order | Filed: September 21, 2021 | Entered: September 21, 2021 Tyrone Hill Mentoring Kids Charitable Foundation Corp. v. Franklin
Contract: Recovery/Enforcement | Florida Southern
Order on Motion to Dismiss for Failure to State a Claim
PAPERLESS ORDER granting 6 Defendant's Motion to Dismiss Complaint. Defendant Samuel L. Franklin, Jr. removed this action from state court on January 14, 2021. On January 21, 2021, Defendant moved to dismiss the Complaint. Plaintiffs have failed to respond to the motion. Therefore, the Court deems Plaintiffs' claims against Defendant abandoned. See Jones v. Bank of Am., N.A., 564 F. App'x 432, 434 (11th Cir. 2014) ("When a party fails to respond to an argument or otherwise address a claim, the Court deems such argument or claim abandoned."). Accordingly, the Motion to Dismiss is GRANTED, and this action is DISMISSED without prejudice. See A1 Procurement, LLC v. Hendry Corp., No. 11-cv-23582, 2012 WL 6214546, at *3 (S.D. Fla. Dec. 13, 2012) ("Failure to respond to arguments in a motion to dismiss is a sufficient basis to dismiss such claims by default under [] Local Rule [7.1(c)]."); see also S.D. Fla. L.R. 7.1(c) ("[E]ach party opposing a motion shall serve an opposing memorandum of law no later than fourteen (14) days after service of the motion. Failure to do so may be deemed sufficient cause for granting the motion by default."). This case is CLOSED for administrative purposes. Signed by Judge Darrin P. Gayles (mcy)
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Order | Filed: September 21, 2021 Tyrone Hill Mentoring Kids Charitable Foundation Corp. v. Franklin
Contract: Recovery/Enforcement | Florida Southern
Order
ORDER denying 10 Motion to Remand to State Court. Signed by Judge Darrin P. Gayles See attached document for full details. (mcy)
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Order | Filed: April 05, 2021 | Entered: April 05, 2021 Tyrone Hill Mentoring Kids Charitable Foundation Corp. v. Franklin
Contract: Recovery/Enforcement | Florida Southern
Order on Motion for Leave to File Excess Pages
PAPERLESS ORDER granting 15 Defendant's Unopposed Motion for Leave to File a Response in Excess of Twenty Pages in Length. Defendant's response 16 may exceed 20 pages. Signed by Judge Darrin P. Gayles (mcy)
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