Gerhart v. ESNC Tampa, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION PAUL GERHART, Plaintiff, v. Case No. 8:23-cv-01368-WFJ-AAS ESNC TAMPA, LLC, and EBBE VOLLMER, Defendants. ___________________________________/ ORDER This matter comes before the Court on the Motion to Dismiss (Dkt. 15) filed by Defendants ESNC Tampa, LLC and Ebbe Vollmer (collectively, “Defendants”) and Plaintiff’s Response (Dkt. 16). Upon careful consideration, the Court denies the Motion as to Count I and grants it as to Count II with leave to amend. LEGAL STANDARD To survive a Fed. R. Civ. P. 12(b)(6) motion to dismiss,…