OPINION & ORDER entered and filed 5/22/17: This matter is before the Court on five (5) related Motions to Dismiss Plaintiffs 8A1D3BB III's ("John Pitman's") and Peninsula Plastic Surgery Center's ("PPSC's") (collectively, "Plaintiffs') Complaint. Two Motions address personal jurisdiction: Defendants Xcentric Ventures, LLC's ("Xcentric's") and C4F4FD5 ("Magedson's") Motion to Dismiss for Lack of Jurisdiction, Doc. 37 ("Xcentric/Magedson Jurisdiction Motion"); and Defendant 02CC36F Motion to Dismiss for Lack of Jurisdiction, No. 4:17cvl2 (hereinafter "Pitman II"), Doc. 10 (02CC36F Jurisdiction Motion"). Three Motions address failure to state a claim: Defendants Xcentric's and C4F4FD5 Motion to Dismiss for Failure to State a Claim, Doc. 39 ("Xcentric/Magedson Claim Motion"); Defendant 02CC36F Motion to Dismiss for Failure to State a Claim, 8A1D3BB II, Doc. 11 (02CC36F Claim Motion"); and Defendants 179C7A9 and Bert 8A1D3BB Motion to Dismiss for Failure to State a Claim, Doc. 59 (179C7A9 and Bert 8A1D3BB Claim Motion"). For the reasons stated in this Opinion & Order, the Court ORDERS as follows: The Court CONSTRUES the Xcentric/Magedson Jurisdiction (37) Motion as a Motion under Rule 12(i) for purposes of Defendant Xcentric; The Court DENIES the two jurisdiction Motions: Doc. 37 and 8A1D3BB II, Doc. 10. The Court CONSTRUES the Xcentric/Magedson Claim Motion, Doc. 39, as a Motion under Rule 12(c) for purposes of Defendant Xcentric. The Court GRANTS the three Claim Motions: Doc. 39; 8A1D3BB II, Doc. 11; and Doc. 59, as a result DISMISSING Plaintiffs' Complaint. The Court also DENIES AS MOOT the remaining Motions in the consolidated docket, 8A1D3BB II, Docs. 5, 7, because they were copies of Motions addressed herein. The Court GRANTS Plaintiffs LEAVE TO AMEND within eleven (11) days of the date of the hearing on these Motions, with a deadline of May 22, 2017. Defendants shall file their responses to the Amended Complaint within eleven (11) days of service. (See Opinion & Order and Foot Notes for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 5/22/17). Copies provided as directed 5/23/17. Associated Cases: 4:16-cv-00179-HCM-DEM, 4:17-cv-00012-HCM-DEM(ecav, )
ORDER entered and filed 3/2/17: Pursuant to Federal Rule of Civil Procedure 42(a), the Court hereby consolidates the above-captioned cases with Civil Action No. 4:16cvl79 as they involve similar allegations and common questions of law and fact. The Clerk of Court is hereby ORDERED to consolidate case number 4:17cvl2 with Civil Action No. 4:16cvl79 as the lead case for the purpose of all proceedings. (Signed by District Judge Henry C. Morgan, Jr. on 3/2/17). Copies provided as directed 3/3/17.(ecav, )
Memorandum in Support re 10 MOTION to Dismiss for Lack of Jurisdiction , 11 MOTION to Dismiss for Failure to State a Claim , 12 MOTION to Dismiss For Insufficient Service of Process filed by 02CC36F. (Attachments: # 1 Affidavit)(Gitcheva, Louise)
Memorandum in Support re 7 MOTION to Dismiss for Failure to State a Claim C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim filed by C4F4FD5, Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David)
MOTION to Dismiss for Failure to State a Claim C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
Memorandum in Support re 5 MOTION to Dismiss for Lack of Jurisdiction C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction filed by C4F4FD5, Xcentric Ventures, LLC. (Attachments: # 1 Proposed Order)(Warrington, David)
MOTION to Dismiss for Lack of Jurisdiction C4F4FD5 and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction by C4F4FD5, Xcentric Ventures, LLC. (Warrington, David)
Notice of Correction re 1 Notice of Removal: A financial disclosure statement was not filed with the party's first appearance as required by Local Rule 7.1. The party is allowed seven (7) days to correct the deficiency and file the financial disclosure statement. Failure to file the financial disclosure statement within this period of time will subject 1 to being stricken from the record. (epri, )
Notice of Correction re [1] Notice of Removal: A financial disclosure statement was not filed with the party's first appearance as required by Local Rule 7.1. The party is allowed seven (7) days to correct the deficiency and file the financial disclosure statement. Failure to file the financial disclosure statement within this period of time will subject [1] to being stricken from the record. (epri, )
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