Kahama VI, LLC v. HJH, LLC et al

Filing 31

ORDER: Defendants' Motion to Dismiss 23 is DENIED. This Court is aware of a parallel proceeding taking place in state court in Volusia County, Florida. Count II of the plaintiff's complaint in the state court action seeks damages for f ailure to pay on a promissory note, the same note at issue in the instant case. If the state court plaintiff dismisses count II of the state court complaint, this Court will allow the instant action to proceed; if not, this Court will dismiss this action. The parties shall file a Status Report within 30 days, informing this Court whether count II of the state court complaint has been dismissed. Signed by Judge James S. Moody, Jr on 6/27/2012. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

KAHAMA VI, LLC,
Plaintiff,
v.

Case No. 8:11-cv-2029-T-30TBM

HJH LLC, et al.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Defendants’ Motion to Dismiss Plaintiff’s
Amended Complaint (Dkt. #23), and Plaintiff’s Response (Dkt. #26). Upon reviewing the
motion, response, and hearing the parties’ oral arguments on the motion, the Court concludes
that the motion should be denied.
It is therefore ORDERED AND ADJUDGED that:
1.

Defendants’ Motion to Dismiss (Dkt. #23) is hereby DENIED.

2.

This Court is aware of a parallel proceeding taking place in state court in

Volusia County, Florida. Count II of the plaintiff’s complaint in the state court action seeks
damages for failure to pay on a promissory note, the same note at issue in the instant case.
If the state court plaintiff dismisses count II of the state court complaint, this Court will allow
the instant action to proceed; if not, this Court will dismiss this action.

3.

The parties shall file a status report within thirty (30) days from the date of this

Order, informing this Court whether count II of the state court complaint has been dismissed.
DONE and ORDERED in Tampa, Florida on June 27, 2012.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2011\11-cv-2029.mtd.frm

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