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Panama 144 Order denying Paynter's Motion to Dismiss .pdf


Original filename: Panama 144 Order denying Paynter's Motion to Dismiss.pdf
Author: jwong

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Case 5:11-cv-00032-RS-CJK Document 144 Filed 04/30/12 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

In Re SLEP-TONE ENTERTAINMENT CORP.
consolidated cases,
CASE NO. 5:11-cv-32/RS-CJK
_________________________________________/
UORDER
Before me are Defendant Robert L. Paynter’s Motion to Dismiss, filed pro se,
(Doc. 132) and Plaintiff’s Response in Opposition (Doc. 142).
Granting a motion to dismiss is appropriate if it is clear that no relief could be
granted under any set of facts that could be proven consistent with the allegations of the
complaint. Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S. Ct. 2229, 2232 (1984).
In making this determination, the court must accept all factual allegations in the
complaint as true and in the light most favorable to Plaintiff. Christopher v. Harbury,
536 U.S. 403, 406, 122 S. Ct. 2179, 2182 (2003).
Plaintiff has met its burden in alleging facts which state a claim for relief that is
plausible. For this reason, the Motion is DENIED.

ORDERED on April 30, 2012.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE


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