Western CPE, LLC v. Global CPE Network, LLC et al

Filing 8

ORDER ATTACHED denying 7 Motion to Dismiss and directing Defendant Global to file its answer and defenses within fourteen (14) days. Signed by Judge Richard A. Lazzara on 4/21/2016. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

WESTERN CPE, LLC,
Plaintiff,
v.

CASE NO. 8:16-cv-719-T-26TBM

GLOBAL CPE NETWORK, LLC, and
JOY HEACOCK,
Defendants.
/

ORDER
UPON DUE AND CAREFUL CONSIDERATION of the well-pleaded factual
allegations of the Plaintiff’s complaint, which this Court must accept as true at this early juncture
of the proceedings, and construing those factual allegations in the light most favorable to the
Plaintiff,1 it is ORDERED AND ADJUDGED that the Defendant Global CPE Network, LLC’s
Motion to Dismiss (Dkt. 7) is denied. In the Court’s view, the Plaintiff’s factual allegations
pleaded in paragraphs seven through twenty-eight are more than sufficient to survive Defendant
Global’s motion to dismiss in that those allegations state claims for relief that are plausible on
their face against the Defendant Global for tortious interference with the advantageous business
relationship Plaintiff has with the Defendant Heacock, as well as violations of the Florida and
See Bishop v. Ross Earle & Bonan, P.A., ___ F.3d ___, 2016 WL 1169064 at *1 (11th
Cir. Mar. 25, 2016) (quoting Hill v. White, 321 F.3d 1334, 1335 (11th Cir. 2003), for the
proposition that a court must accept the allegations of a complaint as true and construe those
allegations in the light most favorable to the plaintiff).
1

Montana Uniform Trade Secrets Acts.2 The Court is more than satisfied that the Plaintiff’s
allegations are more than sufficient to allow the Court to draw the reasonable inference that the
Defendant Global is liable to the Plaintiff for the misconduct alleged.3 The Defendant Global
shall file its answer and defenses to the Plaintiff’s complaint within fourteen (14) days of this
order.

DONE AND ORDERED at Tampa, Florida, on April 21, 2016.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

2

See id.

3

See id.
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