Opinion
CASE NO: 8:10-cv-2568-T-33AEP.
June 13, 2011
ORDER
This cause comes before the Court pursuant to Plaintiff Great American's Motion to Dismiss the Counterclaim by Sanchuk and Elliott (Doc. # 16). Defendants Sanchuk and Elliott failed to file a response thereto as required by Local Rule 3.01(b).
Great American seeks to have Counts I-IV of Defendants' counterclaim dismissed for failure to state a claim as a matter of law. Defendants' failure to oppose the motion to dismiss raises an inference that there is no objection to the motion. See Freshwater v. Shiver, No. 6:05-cv-756-ORL19DAB, 2005 WL 2077306, at *2 (M.D. Fla. Aug. 29, 2005).
Having considered the motion and being otherwise fully advised, the Court finds that the motion is due to be granted for the reasons set forth therein.
Accordingly, it is ORDERED, ADJUDGED, and DECREED:
Plaintiff Great American's Motion to Dismiss the Counterclaim by Sanchuk and Elliott (Doc. # 16) is GRANTED. Counts I-IV of Defendants' counterclaim (Doc. # 9) are hereby DISMISSED. DONE and ORDERED in Chambers in Tampa, Florida.