Kahama VI, LLC v. HJH, LLC et al

Filing 468

ORDER: Defendants' Motion for Miscellaneous Relief (Dkt. #434) is GRANTED in part as more fully set forth in the Foreclosure Judgment and Order of Private Sale (Dkt. #467). Plaintiff's Cross Motion for Sanctions and Contempt (Dkt. #439) is DENIED. Plaintiff's Cross Motion for Judgment (Dkt. #440) is DENIED. Defendants' Motion to Strike (Dkt. #445) is DENIED. Signed by Judge James S. Moody, Jr on 12/9/2014. (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 the Defendants’ Motion for Miscellaneous
Relief (Dkt. #434) and Plaintiff’s Response to Motion for Private Sale and Cross Motion
for Judgment (Dkt. #440), and Defendants’ Motion To Strike (Dkt. #445). Defendants
request that the Court permit Defendant Robert E.W. McMillan, III to market and sell the
property in a private sale for a period of twelve months at a minimum price of $665,000.
Plaintiff objects to the private sale, and requests that the Court enter a judgment on the
Third Amended Complaint, order a public sale, and appoint a Special Master to conduct
the sale. Defendants request that the Court strike Plaintiff’s Cross Motions (Dkt. #439 and
#440) due to their duplicative requests and failure to abide by Local Rule 3.01(g).
Upon review and consideration, it is therefore
ORDERED AND ADJUDGED that:

1. Defendants’ Motion for Miscellaneous Relief (Dkt. #434) is GRANTED in
part as more fully set forth in the Foreclosure Judgment and Order of Private
Sale (Dkt. #467).
2. Plaintiff’s Cross Motion for Sanctions and Contempt (Dkt. #439) is
DENIED.
3. Plaintiff’s Cross Motion for Judgment (Dkt. #440) is DENIED.
4. Defendants’ Motion to Strike (Dkt. #445) is DENIED.
DONE and ORDERED in Tampa, Florida, this 9th day of December, 2014.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2011\11-v-2029 439 440.docx

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