CONCORDE EQUITY II, LLC v. Miller

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS

I. INTRODUCTION

Now before the Court are two motions to dismiss. Defendants Kenneth Alfred Miller (“Miller”) and Sentinel Investment Management Company (“Sentinel”) (collectively, the “Miller Defendants”) filed a Motion to Dismiss. ECF No. 36 (“Miller MTD”). Plaintiff Concorde Equity II, LLC, (“Plaintiff’) filed an Opposition, and the Miller Defendants submitted a Reply. ECF Nos. 41 (“Opp’n to Miller MTD”), 46 (“Miller Reply”). Defendants Loanvest XIII, L.P. (“Loanvest”), South Bay Real Estate Commerce Group (“South Bay”), Peter Scott Carter, Jr. (“Carter”), and George Cresson (“Cresson”) (collectively, the “Loanvest Defendants”) filed a Motion to Dismiss. ECF No. 40 (“Loanvest MTD”). Plaintiff filed an Opposition, and the Loanvest Defendants submitted a Reply. ECF Nos. 48 (“Opp’n to Loanvest MTD”), 51 (“Loanvest Reply”). For the reasons stated herein, the Court GRANTS IN PART and DENIES IN PART the Miller MTD, and the Court GRANTS IN PART and DENIES IN PART the Loan-vest MTD.

II. BACKGROUND

The following allegations are taken from Plaintiffs Second Amended Complaint (“SAC”). ECFNo. 34. Plaintiff is a technology…