Coll Builders Supply, Inc. v. Velez et al

Filing 49

ORDER adopting 48 REPORT AND RECOMMENDATIONS re 42 MOTION to Dismiss Amended Complaint filed by Rosaly Mendez Rodriguez, Robert J. Velez, 36 MOTION to Dismiss Amended Complaint filed by Apex Tool & Fasteners, Inc . Apex's motion to dismiss is GRANTED in part, in that the § 1030(b) conspiracy violation contained within Count III of the Amended Complaint is DISMISSED as it relates to Apex, and the motion to dismiss is DENIED in all other respects. The Individual Defendants' motion to dismiss is GRANTED in part in that the § 1030(b) conspiracy violation contained within Count III of the Amended Complaint is DISMISSED as it relates to Rodriguez and Valez, and the motion to dismiss is DENIED in all other respects. Plaintiff may filed a second amended complaint, if it so chooses, on or before October 2, 2017. Signed by Judge Paul G. Byron on 9/18/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

COLL BUILDERS SUPPLY, INC.,
Plaintiff,
v.

Case No: 6:17-cv-933-Orl-40DCI

ROBERT J. VELEZ, ROSALY MENDEZ
RODRIGUEZ and APEX TOOL &
FASTENERS, INC.,
Defendants.
/
ORDER
This cause is before the Court on Defendant's Apex Tool & Fastener, Inc.'s Motion
to Dismiss Amended Complaint (Doc. 36) filed July 10, 2017 and Defendants’, Robert
Valez and Rosaly Mendez Rodriguez, Motion to Dismiss Plaintiff’s Amended Complaint
(Doc. 42) filed July 24, 2017. 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 31, 2017 (Doc. 48), is

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

Defendant Apex Tool & Fastener, Inc.'s Motion to Dismiss Amended

Complaint (Doc. 36) is GRANTED IN PART AND DENIED IN PART. Apex’s motion to
dismiss is GRANTED in part, in that the § 1030(b) conspiracy violation contained within

Count III of the Amended Complaint is DISMISSED as it relates to Apex, and the motion
to dismiss is DENIED in all other respects.
3.

Defendants’, Robert Valez and Rosaly Mendez Rodriguez, Motion to

Dismiss Plaintiff’s Amended Complaint (Doc. 42) is GRANTED IN PART AND DENIED
IN PART. The Individual Defendants’ motion to dismiss is GRANTED in part in that the
§ 1030(b) conspiracy violation contained within Count III of the Amended Complaint is
DISMISSED as it relates to Rodriguez and Valez, and the motion to dismiss is DENIED
in all other respects.
4.

Plaintiff may filed a second amended complaint, if it so chooses, on or

before October 2, 2017.
DONE AND ORDERED in Orlando, Florida on September 18, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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