White et al v. Grant Mason Holdings, Inc. et al

Filing 58

ORDER ATTACHED denying 49 Ideagear, LLC's Motion to Dismiss. Ideagear shall file its answer and defenses within fourteen (14) days. Signed by Judge Richard A. Lazzara on 10/13/2015. (CCB)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ADAM R. WHITE and JAMES NEWELL WHITE, III, Plaintiffs, v. CASE NO. 8:14-cv-2975-T-26MAP IDEAGEAR, LLC, et al., Defendants. / ORDER UPON DUE AND CAREFUL CONSIDERATION of the well-pleaded allegations of the Plaintiffs’ complaint, together with the parties’ written submissions, it is ORDERED AND ADJUDGED that the Defendant Ideagear, LLC’s Motion to Dismiss the Second Amended Complaint (Dkt. 49) is denied. The Court concludes that the issue of whether the Plaintiffs have standing as managers or members to seek a judicial dissolution of this Defendant pursuant to section 605.0702, Florida Statutes (2014), is best addressed within the context of a motion for summary judgment filed after the completion of full discovery. The Defendant shall file its answer and defenses to the Plaintiffs’ second amended complaint within fourteen (14) days of this order. DONE AND ORDERED at Tampa, Florida, on October 13, 2015. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record

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