Transcription of Plaintiff's Opposition to Defendant's Motion to Dismiss
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Plaintiff's Opposition to Defendant's Motion to Dismiss
1 UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDAFEDERAL trade commission ,Plaintiff, UNIVERSAL LENDING, LLC, a limitedliability company, SEAN ZAUSNER, individually and as owner,officer, or manager of First Universal Lending,LLC, DAVID ZAUSNER, individually and as owner,officer, or manager of First Universal Lending,LLC, and DAVID J. FEINGOLD, individually and asofficer or manager of First Universal Lending,LLC, No. 09-82322-CIV-ZLOCHPLAINTIFF S Opposition TO DEFENDANT S Motion TO DISMISSCase 9:09-cv-82322-WJZ Document 57 Entered on FLSD Docket 12/24/2009 Page 1 of 9 Defendants move to Dismiss the Complaint for failure to state a cause of action. Fed. P. 12(b)(6) provides that a party may assert a defense by Motion for failure to state a claimupon which relief can be granted. Defendants mistakenly refer to Fed. R. Civ. P. 12(b)(5) - insufficient service of process,2but make no reference to any deficiency regarding service of process throughout their Motion .
Motion, arguments to which are subsumed under the headings contained herein. 4 It appears that Defendants’ Motion should correctly be titled a “Motion for a More Definite Statement.” 2 Plaintiff, the Federal Trade Commission (“FTC”), hereby submits its opposition to Defendants’ Motion to Dismiss the Complaint with Prejudice.
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