IBERIABANK v. COCONUT 41, LLC

No. 2:11-cv-321-FtM-29DNF.

IBERIABANK, a Louisiana banking corporation, as successor in interest to Orion Bank,, Plaintiff, v. COCONUT 41, LLC, a Florida limited liability company, THE D'JAMOOS GROUP, LTD, a Florida limited liability company, D'JAMOOS HOLDINGS, INC., a Florida corporation, JOSEPH D'JAMOOS, an individual and trustee of the Joseph E. D'Jamoos Second Amended and Restated Revocable Trust Agreement U/AD May 20, 2003, AJAX PAVING INDUSTRIES, INC., a Michigan corporation, WESTWIND CONTRACTING, INC., a Florida corporation, and HOLE MONTES, INC., Defendants.

United States District Court, M.D. Florida, Fort Myers Division.

February 14, 2012.


Attorney(s) appearing for the Case

Iberiabank, a Louisiana banking corporation, as successor in interest to Orion Bank, Plaintiff, represented by Merrick Lawrence Gross , Carlton Fields, PA.

Iberiabank, a Louisiana banking corporation, as successor in interest to Orion Bank, Plaintiff, represented by Aaron S. Weiss , Carlton Fields, PA.

Iberiabank, a Louisiana banking corporation, as successor in interest to Orion Bank, Plaintiff, represented by Michael E. Strauch , Carlton Fields, PA.

Iberiabank, a Louisiana banking corporation, as successor in interest to Orion Bank, Plaintiff, represented by Morgan Swing , Carlton Fields, PA.

Coconut 41, LLC, a Florida limited liability company, Defendant, represented by Andrew Ignatius Solis , Cohen & Grigsby, PC.

Coconut 41, LLC, a Florida limited liability company, Defendant, represented by David Todd Lupo , Cohen & Grigsby, PC.

Coconut 41, LLC, a Florida limited liability company, Defendant, represented by Robert Rosing , Cohen & Grigsby, PC.

The D'Jamoos Group, Ltd., a Florida limited liability company, Defendant, represented by Andrew Ignatius Solis , Cohen & Grigsby, PC.

The D'Jamoos Group, Ltd., Defendant, represented by David Todd Lupo , Cohen & Grigsby, PC.

The D'Jamoos Group, Ltd., Defendant, represented by Robert Rosing , Cohen & Grigsby, PC.

D'Jamoos Holdings, Inc., a Florida corporation, Defendant, represented by Andrew Ignatius Solis , Cohen & Grigsby, PC.

D'Jamoos Holdings, Inc., Defendant, represented by Robert Rosing , Cohen & Grigsby, PC.

D'Jamoos Holdings, Inc., Defendant, represented by David Todd Lupo , Cohen & Grigsby, PC.

Joseph D'Jamoos, an individual and trustee of the Joseph D'Jamoos Second Amended and Restated Revocable Trust Agreement U/A/D May 20, 2003, Defendant, represented by Andrew Ignatius Solis , Cohen & Grigsby, PC.

Joseph D'Jamoos, Defendant, represented by David Todd Lupo , Cohen & Grigsby, PC.

Joseph D'Jamoos, Defendant, represented by Robert Rosing , Cohen & Grigsby, PC.

Westwind Contracting, Inc., Defendant, represented by Sean P. Sullivan , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Westwind Contracting, Inc., Defendant, represented by Jesse H. Diner , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Westwind Contracting, Inc., Third Party Plaintiff, represented by Sean P. Sullivan , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Westwind Contracting, Inc., Third Party Plaintiff, represented by Jesse H. Diner , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Federal Deposit Insurance Corporation, as Receiver of Florida Community Bank, a Florida corporation, Third Party Defendant, represented by Joseph G. Foster , Porter, Wright, Morris & Arthur, LLP.

HG Coconut, LLC, a Florida limited liability company, Third Party Defendant, represented by Michael R. D'Onofrio , The D'Onofrio Law Firm, PA.

Westwind Contracting, Inc., Counter Claimant, represented by Sean P. Sullivan , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Westwind Contracting, Inc., Counter Claimant, represented by Jesse H. Diner , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Iberiabank, a Louisiana banking corporation, as successor in interest to Orion Bank, Counter Defendant, represented by Merrick Lawrence Gross , Carlton Fields, PA.

Iberiabank, Counter Defendant, represented by Aaron S. Weiss , Carlton Fields, PA.

Iberiabank, Counter Defendant, represented by Michael E. Strauch , Carlton Fields, PA.

Iberiabank, Counter Defendant, represented by Morgan Swing , Carlton Fields, PA.

Westwind Contracting, Inc., Cross Claimant, represented by Sean P. Sullivan , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Westwind Contracting, Inc., Cross Claimant, represented by Jesse H. Diner , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Coconut 41, LLC, a Florida limited liability company, Cross Defendant, represented by Andrew Ignatius Solis , Cohen & Grigsby, PC.

Coconut 41, LLC, Cross Defendant, represented by David Todd Lupo , Cohen & Grigsby, PC.

Coconut 41, LLC, Cross Defendant, represented by Robert Rosing , Cohen & Grigsby, PC.

Coconut 41, LLC, a Florida limited liability company, Cross Claimant, represented by Andrew Ignatius Solis , Cohen & Grigsby, PC.

Coconut 41, LLC, Cross Claimant, represented by David Todd Lupo , Cohen & Grigsby, PC.

Coconut 41, LLC, Cross Claimant, represented by Robert Rosing , Cohen & Grigsby, PC.

HG Coconut, LLC, a Florida limited liability company, Cross Defendant, represented by Michael R. D'Onofrio , The D'Onofrio Law Firm, PA.

Westwind Contracting, Inc., Cross Defendant, represented by Sean P. Sullivan , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Westwind Contracting, Inc., Cross Defendant, represented by Jesse H. Diner , Atkinson, Diner, Stone, Mankuta & Ploucha, PA.

Coconut 41, LLC, a Florida limited liability company, Counter Claimant, represented by Andrew Ignatius Solis , Cohen & Grigsby, PC.

Coconut 41, LLC, Counter Claimant, represented by David Todd Lupo , Cohen & Grigsby, PC.

Coconut 41, LLC, Counter Claimant, represented by Robert Rosing , Cohen & Grigsby, PC.

Iberiabank, a Louisiana banking corporation, as successor in interest to Orion Bank, Counter Defendant, represented by Merrick Lawrence Gross , Carlton Fields, PA.

Iberiabank, Counter Defendant, represented by Aaron S. Weiss , Carlton Fields, PA.

Iberiabank, Counter Defendant, represented by Michael E. Strauch , Carlton Fields, PA.

Iberiabank, Counter Defendant, represented by Morgan Swing , Carlton Fields, PA.


OPINION AND ORDER

JOHN E. STEELE, District Judge.

This matter comes before the Court on HG Coconut, LLC's Motion to Dismiss the Second Amended Counterclaim and Cross-Claim Filed By Westwind Contracting, Inc. (Doc. #14) and its Motion to Dismiss Crossclaims Filed By Coconut 41, LLC (Doc. #68). Westwind Contracting, Inc. filed a Response (Doc. #64), and Coconut 41, LLC filed a Memorandum of Law in Opposition (Doc. #56). HG Coconut, LLC...

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