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

Filing 60

ORDER ATTACHED denying 50 the Motion to Dismiss for Failure to State a Claim. The four specified Defendants filing the motion shall file their answer and defenses within fourteen (14) days. Signed by Judge Richard A. Lazzara on 10/16/2015. (CCB)

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

GRANT MASON HOLDINGS, INC., et al.,
Defendants.
/
ORDER
UPON DUE AND CAREFUL CONSIDERATION of the well-pleaded allegations of the
Plaintiffs’ complaint, which this Court must accept as true at this juncture of the proceedings,
together with the parties’ written submissions, it is ORDERED AND ADJUDGED that the Motion
to Dismiss the Second Amended Complaint (Dkt. 50) is denied. As the Eleventh Circuit Court of
Appeals has observed, “[t]he fact that the defendants are accused collectively does not render the
complaint deficient. The complaint can be fairly read to aver that all defendants are responsible for
the alleged conduct.” Kyle K. v. Chapman, 208 F.3d 940, 944 (11th Cir. 2000). The Defendants
filing this motion shall file their answer and defenses to the second amended complaint within
fourteen (14) days of this order.

DONE AND ORDERED at Tampa, Florida, on October 16, 2015.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record