Demasi-Kondapalli, LLC v. Federal Deposit Insurance Corporation

Filing 19

ORDER denying 15 Defendant, Federal Deposit Insurance Corporation, as Receiver of Orion Bank's Motion to Dismiss Complaint. Defendant shall file an answer to the complaint within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr on 1/21/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DEMASI-KONDAPALLI, LLC,
Plaintiff,
v.

Case No: 8:15-cv-1758-T-30AEP

FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver of
Orion Bank,
Defendant.

ORDER
THIS CAUSE comes before the Court upon Defendant, Federal Deposit Insurance
Corporation, as Receiver of Orion Bank’s Motion to Dismiss Complaint (Dkt. #15) and
Plaintiff’s Response and Opposition (Dkt. #18). Upon review of the motion, response,
and being otherwise advised in the premises, the Court denies Defendant’s motion.
Defendant’s motion to dismiss is virtually identical to the motion to dismiss it filed
against the related Defendant Ravi Kondapalli in Case No. 8:15-cv-1370-T-30AEP at Dkt.
#14. Ravi Kondapalli is one of the members of Defendant Demasi-Kondapalli, LLC.
This Court addressed the merits of Defendant’s motion to dismiss in Case No. 8:15-cv1370-T-30AEP and denied it. See 8:15-cv-1370-T-30AEP at Dkt. #19. Accordingly, the
motion filed in this case is denied for the same reasons as stated in the Court’s January 8,
2016 Order in Case No. 8:15-cv-1370-T-30AEP. See id.

It is therefore ORDERED AND ADJUDGED that:
1.

Defendant, Federal Deposit Insurance Corporation, as Receiver of Orion
Bank’s Motion to Dismiss Complaint (Dkt. #15) is DENIED.

2.

Defendant shall file an answer to the complaint within fourteen (14) days of
this Order.

DONE and ORDERED in Tampa, Florida, this 21st day of January, 2016.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2015\15-cv-1758 mtd 15 deny.docx

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