KAHAMA VI, LLC v. HJH, LLC, 8:11-cv-2029-T-30TBM. (2012)
Court: District Court, M.D. Florida
Number: infdco20120628957
Visitors: 7
Filed: Jun. 27, 2012
Latest Update: Jun. 27, 2012
Summary: ORDER JAMES S. MOODY, Jr., District Judge. THIS CAUSE comes before the Court upon Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Dkt. #23), and Plaintiff's Response (Dkt. #26). Upon reviewing the motion, response, and hearing the parties' oral arguments on the motion, the Court concludes that the motion should be denied. It is therefore ORDERED AND ADJUDGED that: 1. Defendants' Motion to Dismiss (Dkt. #23) is hereby DENIED. 2. This Court is aware of a parallel proceeding
Summary: ORDER JAMES S. MOODY, Jr., District Judge. THIS CAUSE comes before the Court upon Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Dkt. #23), and Plaintiff's Response (Dkt. #26). Upon reviewing the motion, response, and hearing the parties' oral arguments on the motion, the Court concludes that the motion should be denied. It is therefore ORDERED AND ADJUDGED that: 1. Defendants' Motion to Dismiss (Dkt. #23) is hereby DENIED. 2. This Court is aware of a parallel proceeding t..
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ORDER
JAMES S. MOODY, Jr., District Judge.
THIS CAUSE comes before the Court upon Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Dkt. #23), and Plaintiff's Response (Dkt. #26). Upon reviewing the motion, response, and hearing the parties' oral arguments on the motion, the Court concludes that the motion should be denied.
It is therefore ORDERED AND ADJUDGED that:
1. Defendants' Motion to Dismiss (Dkt. #23) is hereby DENIED.
2. This Court is aware of a parallel proceeding taking place in state court in Volusia County, Florida. Count II of the plaintiff's complaint in the state court action seeks damages for failure to pay on a promissory note, the same note at issue in the instant case. If the state court plaintiff dismisses count II of the state court complaint, this Court will allow the instant action to proceed; if not, this Court will dismiss this action.
3. The parties shall file a status report within thirty (30) days from the date of this Order, informing this Court whether count II of the state court complaint has been dismissed.
DONE and ORDERED.
Source: Leagle
