Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Filing 589

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Anne Chruns Motion to Dismiss [doc. #120] is DENIED. IT IS FURTHER ORDERED that Defendants David Wulf and Wulf, Bates and Murphys Motion to Make More Definite Plaintiffs Claims for Relief and Motion to Dismiss Plaintiffs Eleventh Claim for Relief [doc. #124] is GRANTED, in part and DENIED, in part. Plaintiffs Count Eleven against these Defendants will be dismissed, and the Motion is otherwise denied. IT IS FURTHER ORDERED that Defendants Brentwood Heritage Properties, LLC, Forever Enterprises, Inc., Forever Illinois, Inc., Forever Network, Inc., Legacy International Imports, Inc., Lincoln Memorial Services, Inc., National Heritage Enterprises, Inc., National Prearranged Services Agen cy, Inc., and Texas Forever, Inc.s Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #235] is DENIED. IT IS FURTHER ORDERED that Defendants Tyler Cassity and Hollywood Forever, Inc.s Motion to Dismiss Complaint, or, i n the Alternative, for More Definite Statement [doc. #246] is DENIED. IT IS FURTHER ORDERED that Defendants Howard Wittner and Wittner, Spewak & Maylack P.C.s Motion to Dismiss and Motion for a More Definite Statement [doc. #254] is GRANTED, in part and DENIED, in part. Defendants Motion is granted with respect to Plaintiffs Count Ten against Wittner for breach of promissory notes, Plaintiffs Count Twelve against Wittner for violation of the Texas Receivership Act, and Plaintiffs Count Thirteen against Wittner for violation of the Texas Insurance Code, and is otherwise denied. IT IS FURTHER ORDERED that Defendant Brent D. Cassitys Motion to Dismiss and Motion for a More Definite Statement [doc. #254] is DENIED. IT IS FURTHER ORDERED that D efendant James M. Crawfords Motion to Make More Definite and Certain and Motion to Join Co-Defendants Motions and Memoranda [doc. #273] is DENIED.IT IS FURTHER ORDERED that Defendant Roxanne J. Schnieders n/k/a Roxanne J. Sargents Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #281] is DENIED. IT IS FURTHER ORDERED that Defendant J. Douglas Cassitys Motion to Dismiss, Motion to Make More Definite and Certain, and Motion to Join Co-Defendants Motions and Memora nda [doc. #287] is DENIED. IT IS FURTHER ORDERED that Defendants Rhonda Cassity and Rhonda L. Cassity, Inc. a/k/a Wellstream, Inc.s Motion to Dismiss, or in the Alternative, Motion for More Definite Statement and Motion to Join Co-Defendants Motions and Memoranda [doc. #289] is DENIED. IT IS FURTHER ORDERED that Defendant Nekol Provinces Motion to Dismiss Complaint, or, in the Alternative, for More Definite Statement [doc. #296] is DENIED. IT IS FURTHER ORDERED that Defendant Randall K. Suttons Motion to Dismiss Plaintiffs Complaint [doc. #299] is DENIED. IT IS FURTHER ORDERED that Defendant Larry Keith Hales Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #365] is DENIED. IT IS FURTHER ORDERED that Defend ant Marianne Joness Motion for More Definite Statement [doc. #382] is DENIED. IT IS FURTHER ORDERED that Plaintiffs shall file a Second Amended Complaint no later than January 28th, 2011, clarifying which Plaintiffs are asserting which pleaded claims, and with respect to those claims brought by Plaintiff Donna J. Garrett as Special Deputy Receiver, on whose behalf she is asserting those claims. Signed by Honorable E. Richard Webber on 12/21/2010. (KMS)

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