Wooton v. CL, LLC et al

Filing 73

ORDER - Plaintiff's motion to amend 23 is GRANTED IN PART and DENIED IN PART. Specifically, the motion is allowed as to defendant CL, LLC, and Terrence. Coyle, against whom defaults previously were entered, and who now shall have an additional twenty-one (21) days within which to respond from date of service of this order and plaintiff's amended complaint. The motion is also allowed as to defendant Peter Chicouris and Midgett Realty, Inc., whose responses have been filed. However, be cause the amended complaint cannot survive the individual Midgett defendants' motion to dismiss, it is denied with respect to defendants Anderson and Stockton Midgett. The motion is not adjudicated as against defendant Lundblad, who is protected by the automatic stay provision of the Bankruptcy Code. The motions to dismiss of defendants Anderson Midgett and Stockton Midgett 15 and defendant Peter Chicouris 38 are GRANTED. All claims against these defendants are dismissed. Plaintiffs cla ims against defendants CL, LLC, Terrence Coyle, and Midgett Realty, Inc. remain pending. Cross-claims of Anderson and Stockton Midgett against CL, LLC and Terrence Coyle also remain pending. Plaintiff's claims and the Midgetts' cross-claims against Jay Robert Lundblad remained stayed pending resolution of Lundblad's bankruptcy case. Signed by Chief Judge Louise Wood Flanagan on 09/27/2010. Copies served electronically. (Baker, C.)

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