Skye Energy Ventures LLC v. Hollander
2:25-cv-00274
| M.D. Fla. | Jun 30, 2025Background
- Plaintiff, Skye Energy Ventures LLC, deposited over $1 million in escrow with Defendants Richard Hollander and Southern Logistics Financial, Inc., in connection with a failed international fuel transaction.
- Defendants allegedly transferred escrow funds to an unknown party without Plaintiff’s written consent or delivery of fuel.
- Similar conduct by Defendants is the subject of two other pending lawsuits.
- Plaintiff asserted multiple claims: federal and Florida RICO, negligence, breach of fiduciary duty, fraud, aiding and abetting breach of fiduciary duty, and conversion.
- Defendants moved to dismiss, relying on Paymaster Service Agreements (PSAs) and arguing plaintiff fails to state claims.
- The Court could not consider the PSA documents at the motion to dismiss stage due to Plaintiff's forgery allegations and lack of agreement authenticity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RICO claims were sufficiently pled | Defendants engaged in fraudulent enterprise to misappropriate funds | Claims barred by PSAs; Plaintiff fails to allege with specificity | Dismissed; insufficient particularity and improper grouping |
| Sufficiency of negligence claim | Defendants owed and breached duty by releasing escrow funds | Claims barred by PSA language | Survives; court cannot consider PSA at this stage |
| Breach of fiduciary duty | Defendants acted as escrow agents and thus owed duty | No fiduciary duty without definitive escrow agreement | Dismissed; no fiduciary relationship established |
| Fraud and aiding/abetting claims | Defendants made false statements and aided breaches | Insufficient detail, barred by PSAs | Dismissed; fails heightened pleading standard |
| Conversion claims | Defendants wrongfully converted escrow funds | Barred by PSA | Survives; PSA not considered at this stage |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (Federal pleading standard — complaints must state a plausible claim)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Conclusions and formulaic recitations insufficient for pleading)
- Brooks v. Blue Cross & Blue Shield of Fla., Inc., 116 F.3d 1364 (Fraud claims cannot lump all defendants together under Rule 9(b))
- Ray v. Spirit Airlines, Inc., 836 F.3d 1340 (Corporation and agent cannot alone form a RICO enterprise)
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020 (LLC citizenship for diversity jurisdiction)