Donovan et al. v. Flamingo Palms Villas, LLC, et al.

Filing 729

ORDER Denying #689 Motion to Dismiss. IT IS FURTHER ORDERED that the hearing on #689 Motion to Dismiss is VACATED. Signed by Chief Judge Robert C. Jones on 10/6/11. (Copies have been distributed pursuant to the NEF - EDS)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
FRAN DONOVAN et al.,
9
Plaintiffs,
10
vs.
11
FLAMINGO PALMS VILLAS, LLC et al.,
12
Defendants.
13
14

)
)
)
)
)
)
)
)
)
)

2:08-cv-01675-RCJ-RJJ
ORDER

The present case arises out of an alleged conspiracy to defraud investors in a

15

condominium development in Las Vegas. The Court has already ruled on dozens of dispositive

16

motions. Most recently, the Court denied Defendant David Schwarz’s motion to dismiss the

17

Third Amended Complaint (“TAC”) for failure to state a claim. Several Defendants have now

18

separately moved to dismiss for failure to state a claim. As indicated at the most recent oral

19

argument, the Court is satisfied with the allegations in the TAC and will entertain no more

20

motions to dismiss for failure to state a claim in this three-year-old case. The Court therefore

21

denies the present motion to dismiss.

22

///

23

///

24

///

25

///

CONCLUSION

1
2
3

IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 689) is DENIED and
the hearing on that motion is VACATED. (The hearing on Motion No. 695 will proceed.)

4

IT IS SO ORDERED.

5

Dated this 6th day of October, 2011.
1.

6
7

_____________________________________
_________________________________
_
___
_____
_
ROBERT C. JONES
R ER
ROBERT C. JONES
N
United States District Judge
District
is

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 2 of 2