Game Craft, LLC et al v. Vector Putting, LLC et al

Filing 66

ORDER granting in part and denying in part 36 motion to dismiss; Granting in part and denying in part 39 motion to dismiss; Adopting Report and Recommendations re 63 Report and Recommendations. The Motions to Dismiss are hereby GRANTED in sofar as they seek dismissal of Count I of the Complaint. The Motions are otherwise DENIED. Count I of the Complaint is dismissed without prejudice. Plaintiffs may file an amended complaint on or before Tuesday, August 12, 2014. Signed by Judge Carlos E. Mendoza on 7/29/2014. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
GAME CRAFT, LLC and SWEENEY
HOLDINGS, LLC,
Plaintiffs,
v.

Case No: 6:14-cv-243-Orl-41KRS

VECTOR PUTTING, LLC, MICHAEL
SCHY and DAVID BALBI,
Defendants.

ORDER
This cause is before the Court on the Motion to Dismiss (Doc. No. 36) filed by Defendant
David Balbi on April 14, 2014, and the Motion to Dismiss (Doc. No. 39) filed by Defendant
Michael Schy on April 15, 2014. 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 June 25, 2014 (Doc. No. 63), is ADOPTED

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

The Motions to Dismiss (Doc. Nos. 36 & 39) are hereby GRANTED insofar as

they seek dismissal of Count I of the Complaint. The Motions are otherwise DENIED.
3.

Count I of the Complaint is dismissed without prejudice. Plaintiffs may file an

amended complaint on or before Tuesday, August 12, 2014.

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DONE and ORDERED in Orlando, Florida on July 29, 2014.
D
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