Gamestreamer, Inc. v. Roberts et al

Filing 72

ORDER ATTACHED denying 71 Motion to Dismiss. Answer due within ten days. Signed by Judge Richard A. Lazzara on 9/1/2010. (CCB)

Gamestreamer, Inc. v. Roberts et al

Doc. 72

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION GAMESTREAM ER, INC., Plaintiff, v. TIM OTHY M. ROBERTS, TERRANCE F. TAYLOR, and PLATFORMZ, INC., Defendants. / ORDER
U pon due consideration of the well-pleaded allegations of Plaintiff's First Amended Complain t, together with Defendants' submissions, it is ordered and adjudged that Defendants' Motion to Dismiss Count VI of the First Amended Complaint (Dkt. 71) is denied. After canvassing Flo rid a law, the Court concludes that the issue of whether Plaintiff complied with the presuit requirements of section 772.11 of the Florida Statutes is more appropriately resolved within the context of a motion for summary judgment. See Nerbonne, N.A. v. Lake Bryant Int'l Prop., Inc., 689 So.2d 322, 325-26 (Fla. Dist. Ct. App. 1997); Seymour v. Adams, 638 So.2d 1044, 1049 (Fla. Dist. Ct. App. 1994). Defendants shall file their answer and defenses to all counts of the First Amended Complain t within ten (10) days of this order.

CASE NO: 8:10-cv-1201-T-26EAJ

DONE AND ORDERED at Tampa, Florida, on September 1, 2010.

s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE

C O P I E S FURNISHED TO:

Counsel of Record

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