DeBacco v. Park Bank et al

Filing 14

ORDER adopting 13 REPORT AND RECOMMENDATION. The Defendants Jeffrey T. DeBacco and Development Opportunities, LLD's Motion to Dismiss and for More Definite Statement or, alternatively, Motion to Transfer Venue is hereby GRANTED in part and D ENIED in part. The Motion to Dismiss for Lack of Personal Jurisdiction is GRANTED, and the Complaint is dismissed without prejudice, with leave to amend. The Motion to Dismiss Plaintiff's RICO claim (Count I) is GRANTED, with leave to amend. T he Motion for More Definite Statement as to Plaintiff's fraud claim (Count II) is GRANTED, with leave to amend. The Motion to Dismiss for improper venue is DENIED, AND THE Motion to Transfer this action to the Eastern District of Wisconsin is DENIED. Plaintiff shall file his Amended Complaint by September 4, 2012. Signed by Chief Judge Anne C. Conway on 8/22/2012. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT C. DEBACCO,
Plaintiff,
v.

Case No: 2:12-cv-256-Ftm-99SPC

JEFFREY T. DEBACCO,
DEVELOPMENT OPPORTUNITITES,
LLC and PARK BANK,
Defendants.

ORDER
This cause is before the Court on Defendant Jeffrey T. DeBacco and Development
Opportunities, LLC's Motion to Dismiss and for More Definite Statement or, alternatively,
Motion to Transfer Venue (Doc. No. 8) filed on June 8, 2012.
The United States Magistrate Judge has submitted a report recommending that the
Motion be GRANTED in part and DENIED in part.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and conclusions
of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed August 6, 2012 (Doc. No. 13), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Defendants Jeffrey T. DeBacco and Development Opportunities, LLD's

Motion to Dismiss and for More Definite Statement or, alternatively, Motion to Transfer Venue is
hereby GRANTED in part and DENIED in part.

3.

The Motion to Dismiss for Lack of Personal Jurisdiction is GRANTED, and the

Complaint is dismissed without prejudice, with leave to amend.
4.

The Motion to Dismiss Plaintiff’s RICO claim (Count I) is GRANTED, with

leave to amend.
5.

The Motion for More Definite Statement as to Plaintiff’s fraud claim (Count II) is

GRANTED, with leave to amend.
6.

The Motion to Dismiss for improper venue is DENIED, AND THE Motion to

Transfer this action to the Eastern District of Wisconsin is DENIED.
7.

Plaintiff shall file his Amended Complaint by September 4, 2012.

DONE and ORDERED in Fort Myers, Florida on August 22, 2012.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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