Worldspan Marine Inc. et al v. Comerica Bank et al

Filing 137

ORDER Adopting 129 Report and Recommendation and Dismissing Amended Complaint with Prejudice. Closing Case. Signed by Judge Federico A. Moreno on 3/31/2020. See attached document for full details. (mmc)

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
Miami Division
Case Number: 18-21924-CIV-MORENO
WORLDSPAN MARINE INC., a Canadian
corporation, CSPAN FINANCIAL, LLC, a
Florida limited liability company, and
WEDMORE FINANCIAL, LLC, a Florida
limited liability company,
Plaintiffs,
vs.
COMERICA BANK, a Texas banking
association KURT YOUNKER, an individual,
BARRY SHAW, an individual, CYNTHIA
JONES, an individual, HARRY SARGEANT
III, an individual, DEBORAH SARGEANT,
an individual, MERVYN MONGER, an
individual, and KEVIN KIRKEIDE, an
individual,
Defendants.
_________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE LOUIS’S REPORT AND
RECOMMENDATION AND DISMISSING CASE WITH PREJUDICE
THE MATTER was referred to the Honorable Lauren F. Louis, United States Magistrate
Judge, for a Report and Recommendation on Defendants’ Motions to Dismiss Amended
Complaint, filed on June 21, 2019. The Magistrate Judge filed a Report and Recommendation
(D.E. 129) on February 27, 2020. The Court has reviewed the entire file and record. The Court
has made a de novo review of the issues that the objections to the Magistrate Judge’s Report and
Recommendation present, and being otherwise fully advised in the premises, it is
ADJUDGED that United States Magistrate Judge Lauren F. Louis’s Report and
Recommendation is AFFIRMED and ADOPTED. Plaintiffs have now had multiple chances to

allege their claims against the Defendants but have failed to cure the deficiencies identified in their
original complaint. The amended complaint, like the original complaint, still comprises an
impermissible shotgun pleading and fails to state a claim for which relief can be granted.
Accordingly, it is
ADJUDGED that Defendants’ Motions to Dismiss Amended Complaint are GRANTED,
and the case is DISMISSED with PREJUDICE.

DONE AND ORDERED in Chambers at Miami, Florida, this 31st of March 2020.

______________________________________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE
Copies furnished to:
United States Magistrate Judge Lauren F. Louis
Counsel of Record

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