Hampton's Luxury Homes, Inc. (HLXH)

[knoxweb1]

granting 32 Motion to Dismiss; granting 34 Motion to Dismiss; granting 35 Motion to Dismiss; denying 36 Motion to Dismiss; denying 36 Motion for Summary Judgment; adopting in part Report and Recommendations as to 62 Report and Recom mendations. For the reasons contained herein, the Court adopts the R&R with the exception of the statute of limitations issue. Accordingly, the defendants motion to dismiss on statute of limitations grounds is denied, but the motion to dismiss on t he other grounds identified in the R&R is granted for the reasons set forth in the R&R. Given the dismissal of the complaint, plaintiffs motion for summary judgment is denied. However, plaintiff is granted leave to file a Second Amended Complaint to address the pleading defects identified by the Court in the R&R and this Memorandum and Order. The Court will conduct a telephone conference on Monday, April 19, 2010, at 11:00 a.m., to discuss the schedule for the filing of the Second Amended Complaint and any other issues the parties wish to address. A copy of this Order and the R&R has been mailed to pro se plaintiff. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/29/2010. (Weisgerber,