BUJAK v. NATIONAL CITY MORTGAGE

ELIZABETH KOVACHEVICH, District Judge

This cause is before the Court on the defendant's motion to dismiss (Docket No. 10), response thereto (Docket No. 11), the plaintiffs motion to consolidate (Docket No. 12) and response thereto (Docket No. 13). As to the motion to dismiss, the plaintiff concedes that the motion is well-taken and asks the Court to grant the motion with leave to amend. The Court agrees. As to the motion to consolidate, the Court find the response persuasive on this issue. Accordingly, it is

ORDERED that defendant's motion to dismiss (Docket No. 10) be granted and the plaintiff shall have ten (10) days from this date to file an amended complaint. Failure to timely file the amended complaint will result in complete dismissal of this cause. Further, the plaintiffs motion to consolidate (Docket No. 12) be denied.

DONE and ORDERED in Chambers, in Tampa, Florida.