govinfo:USCOURTS-flsd-1_25-cv-24620-0

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
Miami Division
Case Number: 25-24620-C1V-M 0M N0
JAYTRAC LIMITED,
Plaintiff,
VS.
SUPPLY PARTS & TRACTOR INC. and
ZENON PARRA,
Defendants.
ORDER DENYING DEFENDANT ZENON PARRA'S MOTION TO DISMISS
THIS CAUSE came before the Court upon Defendant Zenon Panu's Motion to Dismiss
(D.E. 8), filed on November 17, 2025.
THE COURT has considered the motion, the response in opposition, pertinent portions of
the record, and is otherwise fully advised in the premises.
Defendants filed an Answer to the Complaint on November 12, 2025. Therein, Defendant
Panu answered as to the two counts brought against him. Five days later, Defendant Parra
brought the instant motion seeking to dismiss those same two counts.
Federal Rule of Civil Procedurel 12(b) states that a motion for failure to state a claim
pursuant to Rule 12(b)(6) ççmust be made before pleading if a responsive pleading is allowed.''
Defendant Parra's M otion to Dismiss is thus improper as he moved to dismiss after answering
the Complaint. It is therefore
1 Defendant Parra's Motion to Dismiss references the Florida Rules of Civil Procedure rather than the Federal Rules
of Civil Procedure. The Court reminds al1 parties that under the doctrine of Erie R. Co. v. Tompkins, 304 U.S. 64,
federal courts sitting in diversity apply state substantive law and federal procedural law.
Case 1:25-cv-24620-FAM   Document 14   Entered on FLSD Docket 01/09/2026   Page 1 of 2
ADJUDGED that the Motion is DENIED with leave to properly refile under the Federal
Rules of Civil Procedure as a Motion for Judgment on the Pleadings or a Motion for Summary
Judgment.
Ani 
f January 2026.DONE AND ORDERED in Chambers at Miami, Florida, this o
FEDERICO . RENO
UNITED ST ES DISTRICT JUDOE
Copies furnished to:
Counsel of Record
Case 1:25-cv-24620-FAM   Document 14   Entered on FLSD Docket 01/09/2026   Page 2 of 2

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