UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

BURTON W. WIAND, as Receiver for OASIS INTERNATIONAL GROUP, LTD., OASIS MANAGEMENT LLC, and SATELLITE HOLDINGS COMPANY,

Plaintiff,

v. Case No. 8:20-cv-863-T-60SPF

RAYMOND P. MONTIE, III,

Defendant. ________________________________/

ORDER DENYING “DEFENDANT, RAYMOND P MONTIE, III’S MOTION TO DISMISS THE AMENDED COMPLAINT”

This matter is before the Court on “Defendant, Raymond P Montie, III’s Motion to Dismiss the Amended Complaint and Memorandum of Law,” filed by counsel on July 27, 2020. (Doc. 24). On August 17, 2020, Plaintiff Burton W. Wiand filed a response in opposition to the motion. (Doc. 27). After reviewing the motion, response, court file, and the record, the Court finds that the Receiver has satisfied his pleading burden as to each of his claims. See, e.g., Wiand v. EFG Bank, No. 8:10-cv-241-T-17MAP,

, at *6 (M.D. Fla. Feb. 8, 2012), report and recommendation adopted,

(M.D. Fla. Mar. 7, 2012) (finding Rule 9(b) heightened pleading standard inapplicable to fraudulent transfer claim); In re Burton Wiand Receivership Cases Pending in the Tampa Div. of the Middle Dist. of Fla., Nos. 8:05-cv-1856-T-27MSS et al.,

, at *6 (M.D. Fla. Mar. 26, 2008) (applying Rule 8 pleading standard to unjust enrichment claims); Mehlenbacher ex rel. Asconi Corp. v. Jitaru, No. 6:04-ev-1118-Orl-22KRS,

, at *4 (M.D. Fla. June 6, 2005) (explaining that Rule 9(b)’s particularly requirement does not apply to a breach of fiduciary claim). The Court notes that “a motion to dismiss should concern only the complaint’s legal sufficiency, and is not a procedure for resolving factual questions or addressing the merits of the case.” Am. Int'l Specialty Lines Ins. Co. v. Mosaic Fertilizer, LLC, 8:09-cv-1264-T-26TGW,

, at *2 (M.D. Fla. Oct. 9, 2009) (Lazzara, J.). Defendant’s motion to dismiss is denied. Defendant is directed to file an answer on or before November 16, 2020. DONE and ORDERED in Chambers, in Tampa, Florida, this 2nd day of November, 2020.

oF -TOMBARBER assists UNITED STATES DISTRICT JUDGE

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