Westgate Resorts, Ltd. et al v. Castle Law Group, P.C. et al

Filing 176

ORDER granting in part and denying in part 103 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 107 motion to dismiss; granting in part and denying in part 109 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gregory A. Presnell on 3/29/2018. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
WESTGATE RESORTS, LTD., et al.,
Plaintiffs,
v.

Case No: 6:17-cv-1063-Orl-31DCI

CASTLE LAW GROUP, P.C., et al.,
Defendants.

ORDER
This matter comes before the Court without a hearing on the motions to dismiss filed by
the following defendants: Sean Austin (Doc. 103); Castle Law Group, P.C. and Judson Phillips
(Doc. 107); and Kevin Hanson and Resort Relief, LLC (Doc. 109). Simultaneously with the entry
of this order, the Court is entering an order (Doc. 177) on motions to dismiss in a related case,
Orange Lake Country Club, Inc. v. Castle Law Group, P.C., Case No. 6:17-cv-1044. The
operative complaint in that matter is identical in substance to the Third Amended Complaint in
this matter. The motions were filed by the same parties in that case as in this one; they raise
identical arguments; and the plaintiffs’ response in that case mirrors the response of the plaintiffs
in this one. As such, the Court reaches the same conclusion in this case as it reached in that one,
for the same reasons.
Accordingly, it is hereby
ORDERED that the motions to dismiss filed by Sean Austin (Doc. 103), Castle Law
Group, P.C. and Judson Phillips (Doc. 107), and Kevin Hanson and Resort Relief, LLC (Doc. 109)
are GRANTED IN PART AND DENIED IN PART as set forth in the order referred to above
(Doc. 175 in Case No. 6:17-cv-1063). Count III is dismissed with prejudice; Counts V and VI are

dismissed without prejudice; and Counts VII and VIII are dismissed with prejudice. In all other
respects, the motions are denied.
DONE and ORDERED in Chambers, Orlando, Florida on March 29, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Party

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