*1 Case 3:06-cv-00494-MD Document 112 Filed 05/22/07 Page 1 of 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION K & H DEVELOPMENT GROUP INC.
VS CASE NO. 3:06cv494/MCR/MD KEITH HOWARD, et al.
REFERRAL AND ORDER
Referred to Judge Miles Davis sua
sponte on May 22, 2007 Motion/Pleadings: SANDESTIN OWNERS ASSOCIATION’S AND INTRAWEST’S
MOTIONS TO DISMISS Filed by DEFENDANTS on 2/22/2007 Doc.# 61, 62 RESPONSES: plaintiff on 3/8/2007 Doc.# 72, 73 on Doc.# Stipulated Joint Pldg.
Unopposed Consented
WILLIAM M. McCOOL, CLERK OF COURT /s/ Elizabeth Cooley LC (1 OR 2) Deputy Clerk ORDER
Upon consideration of the foregoing, it is ORDERED this 22 nd day of May, 2007, that:
In light of the Supreme Court’s decision in Bell Atlan tic Corp v. Twomb ly , __ U.S. __, 2007 WL 14610 66 (May 21, 2007 ), “retiring” the Conley v. Gibson “no set of facts” standard, this court’s orders d enying defend ants’ motions to dismiss (docs. 110, 111) are VAC ATE D. No later than June 1, 2007, plaintiff and defendants, Sandestin Owners Association and Intrawest Sandestin, shall brief the court on the effect, if any, that Bell Atlantic v. Twombley, supra, may have on the subject motions to d ismiss.
Entered On Docket: By: /s/ Miles Davis Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP Copies sent to: MILES DAVIS United States Magistrate Judge Document No.