Scharrer et al v. Fundamental Administrative Services, LLC et al

Filing 43

ORDER: The Motion of Defendant, Christine Zack, to Dismiss Complaint 23 , the Motion to Dismiss on Behalf of Defendant Fundamental Administrative Services, LLC 24 , and the Motion to Dismiss by Defendant Kristi Anderson 27 are GRANTED. Plaintif fs' Motion to Compel Jurisdictional Depositions of Defendants, Christine Zack and Kristi Anderson, and for Enlargement of Time to Supplement Jurisdictional Argument in Memorandum in Opposition to Defendants' Motions to Dismiss 33 , Emergen cy Motion by Defendant Fundamental Administrative Services, LLC for Protective Order 38 , Defendant Kristi Anderson's Motion for Protective Order 41 , and Defendants Fundamental Administrative Services, LLC, Kristi Anderson and Christine Zack& #039;s Motion for Leave to File Reply in Support of Their Motions to Dismiss; Request for Hearing 42 are DENIED as moot. A written order detailing the reasons for the Court's decision will follow shortly. Signed by Judge James S. Moody, Jr on 11/21/2012. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

TRUSTEE BETH ANN SCHARRER,
as Chapter 7 Trustee for the Bankruptcy
Estate of Fundamental Long Term Care,
Inc., et al.,
Plaintiffs,
v.

Case No. 8:12-cv-1855-T-30MAP

FUNDAMENTAL ADMINISTRATIVE
SERVICES, LLC, et al.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon the Motion of Defendant, Christine Zack,
to Dismiss Complaint (Dkt. 23), the Motion to Dismiss on Behalf of Defendant Fundamental
Administrative Services, LLC (Dkt. 24), the Motion to Dismiss by Defendant Kristi
Anderson (Dkt. 27), Plaintiffs’ Memorandum in Opposition To Defendants’ Motions to
Dismiss (Dkt. 34), Plaintiffs’ Motion to Compel Jurisdictional Depositions of Defendants,
Christine Zack and Kristi Anderson, and for Enlargement of Time to Supplement
Jurisdictional Argument in Memorandum in Opposition to Defendants’ Motions to Dismiss,
and Supporting Memorandum of Law (Dkt. 33), Emergency Motion by Defendant
Fundamental Administrative Services, LLC for Protective Order (Dkt. 38), Defendant Kristi
Anderson’s Opposition, In Part, to Plaintiffs’ Motion to Compel Jurisdictional Depositions

of Defendants, Christine Zack and Kristi Anderson, and for Enlargement of Time to
Supplement Jurisdictional Argument in Memorandum in Opposition to Defendants’ Motions
to Dismiss, and Motion for Protective Order (Dkt. 41), and Defendants Fundamental
Administrative Services, LLC, Kristi Anderson and Christine Zack’s Motion for Leave to
File Reply in Support of Their Motions to Dismiss; Request for Hearing (Dkt. 42). The
Court, having reviewed the motions, responses, and being otherwise advised of the premises,
concludes that the motions to dismiss should be granted and the motion to compel, motions
for protective orders, and motion for leave to file reply should be denied as moot. A written
order detailing the reasons for the Court’s decision will follow shortly.
It is therefore ORDERED AND ADJUDGED that:
1.

The Motion of Defendant, Christine Zack, to Dismiss Complaint (Dkt. 23), the

Motion to Dismiss on Behalf of Defendant Fundamental Administrative Services, LLC (Dkt.
24), and the Motion to Dismiss by Defendant Kristi Anderson (Dkt. 27) are GRANTED.
2.

Plaintiffs’ Motion to Compel Jurisdictional Depositions of Defendants,

Christine Zack and Kristi Anderson, and for Enlargement of Time to Supplement
Jurisdictional Argument in Memorandum in Opposition to Defendants’ Motions to Dismiss
(Dkt. 33), Emergency Motion by Defendant Fundamental Administrative Services, LLC for
Protective Order (Dkt. 38), Defendant Kristi Anderson’s Motion for Protective Order (Dkt.
41), and Defendants Fundamental Administrative Services, LLC, Kristi Anderson and
Christine Zack’s Motion for Leave to File Reply in Support of Their Motions to Dismiss;
Request for Hearing (Dkt. 42) are DENIED as moot.
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DONE and ORDERED in Tampa, Florida on November 21, 2012.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2012\12-cv-1855.orderdismissingcase.frm

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