Motion to Strike/Motion for More Definite Statement The Defendants’ Motion to Strike and/or Motion for More Definite Statement is Denied. CONCLUSION In sum, the Motion is granted in part and denied in part. The Trustee shall have thirty days from the date of this Order to file a Second Amended Complaint, and the Defendants shall have twenty-one days thereafter to file a response to the Second Amended Complaint. ORDERED in the Southern District of Florida on Nov. 22, 2016. 1 . A Motion for Reconsideration of Order Granting in Part and Denying in Part Motion to Dismiss (ECF #55) was filed in the Kodsi case (Case No. 14-1763) but the parties settled before the Court had the opportunity to address the motion. 2 . The Trustee cited Gilbert v. Doris R. Corp., 111 So.2d 682 (Fla. 3d DCA 1959) (<HOLDING>); however this is not an alter ego case at all,
holding that a corporation exists as an entity apart from its shareholders even where the corporation has but one shareholder the general proposition of corporate identity apart from its shareholders leads us to conclude in accordance with decisions from other jurisdictions that the attorneys client is the corporation and not the shareholders holding that a shareholders status as a guarantor of a corporations debts did not give him standing to assert individual claims against a creditor of the corporation where the guarantees were never enforced and all of the injuries alleged were indirect damages suffered by the parties in their capacities as shareholders or employees recognizing privilege for corporate officers directors and shareholders to influence the actions of their corporation holding that individual shareholders of a corporation could disregard the corporate form and assert that a loan made to their corporation was usurious where the lender insisted that the shareholders incorporate an entity to receive the proceedseven though the proceeds were for the individual shareholders benefitsolely to avoid the lower usury rate for individual borrowers holding that the trustee could not bring a claim against sole shareholders of bankrupt corporation where shareholders had not looted or otherwise injured the corporation