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MUKAMAL v. BAKES

No. 07-20793-CIV.

383 B.R. 798 (2007)

Barry E. MUKAMAL, as Liquidating Trustee and Director and Officer Trustee of Far & Wide Corp., et al., Plaintiff, v. Phil BAKES, Andrew C. McKey, Craig Toll, George Gremse, Wellspring Capital Management LLC, Loan Capital Funding LLC, Carl M. Stanton, Greg S. Feldman, David C. Mariano, Jason B. Fortin, and Ernst & Young, LLP., Defendants.

United States District Court, S.D. Florida.

November 5, 2007.

Attorney(s) appearing for the Case

Alexander Rundlet, Esq., and Robert C. Josefsberg, Esq., Miami, FL, for Barry Mukamal.

Damien J. Marshall, Esq., Ft. Lauderdale, FL, for Phil Bakes and all other defendants except Ernst & Young.

David A. Coulson, Esq., Miami, FL, for Ernst & Young, LLP.

ORDER ON DEFENDANTS' MOTIONS TO DISMISS

ALAN S. GOLD, District Judge.

THIS CAUSE is before the Court on two motions: Defendant Ernst & Young's Motion to Dismiss and to Compel Arbitration [DE 3], and the remaining Defendants' Motion to Dismiss [DE 4]. Since Ernst & Young's Motion to Compel Arbitration was filed, the Plaintiff has stipulated that Count XI of the Complaint should be subject to arbitration as it relates to the claim of breach...

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